GENERAL TERMS OF SALE
Article 1. Company
The website at www.sfa.fr is published by the Société Française d’Assainissement (hereinafter SFA), an S.A. with a capital of €7 500 000 and a registered office at 41 bis Avenue Bosquet 75007 Paris, France, registered under number B 409 966 645 in the Paris Commercial Register (intra-community VAT number FR 87409966645. This document defines the general terms of sale).
The following general terms must be read carefully, particularly the clauses relating to pricing, terms of delivery, and the warranty. For any questions or requests, our customer service department can be contacted by telephone at the following number: 01 44 82 25 55 or by post at the following address: 41 bis Avenue Bosquet 75007 Paris, France.
Article 2. General
These general terms of sale represent all the stipulations that constitute the offer issued by the SFA website to any potential buyer (hereinafter the "Individual Customer”) of its products. These terms apply to the exclusion of all other terms and shall prevail over any other document from the Individual Customer, and in particular over any general terms of purchase.
Placing an order on the website ”www.sfa.fr” implies the Individual Customer's full and complete acceptance of these general terms of sale. Any contrary condition posed by the Individual Customer shall be ineffective against SFA.
SFA reserves the right to modify these terms at any time in accordance with French law.
Article 3. Ordering and Payment
3.1. Ordering Process:
The steps of the ordering process are as follows:
1: Review of the shopping basket summary
2: Confirmation by the Individual Customer of the order summary
3.2. How do I place my first order?
To place an initial order, the Customer must register in the "INDIVIDUAL SPACE", enter his or her last name, first name, address, phone number and email address, and create a password. On future visits to the site, the Customer will be able to access the “INDIVIDUAL SPACE” and place new orders by entering his or her user name and password.
This information is confidential and shall only be used by SFA for processing the Individual Customer’s order and personalizing communications, including newsletters and/or emails. Any user may expressly object to the storage of this personal information by sending an explicit request to this end to the following postal address: Customer Service - 41 bis Avenue Bosquet 75007 Paris, France.
3.3. Payment for orders:
Payment for orders is done by credit card or via PayPal's secure server.
Payments are processed online via a secure server.
The order is final only after payment and is subject to validation by us.
3.4. Order confirmation:
SFA will systematically confirm the order from each Individual Customer by email.
The details of each order shall also be available in the "INDIVIDUAL SPACE".
SFA will send the invoice for the order to the Individual Customer.
Article 4. Pricing
4.1. Product prices:
The prices of products sold shall be those listed on "www.sfa.fr" on the day of the order. These prices shall be firm and final on this date.
4.2. Total excluding taxes and delivery fees:
Prices are shown before tax, with free shipping for Metropolitan France and Corsica (excluding overseas territories, collectivities and countries of France).
4.3. Product pricing changes:
SFA may change product prices at any time, but the price charged to the Individual Customer shall be the price in effect when the order is placed.
Article 5. Delivery
5.1. Delivery address:
Products will be delivered to the delivery address indicated by the Individual Customer during the ordering process.
5.2. Delivery estimate:
Delivery estimates are for informational purposes only. SFA shall undertake to make its best efforts to comply with these estimates.
5.3. Late delivery:
In case of foreseeable delay of delivery, SFA shall undertake to inform the Individual Customer, by any means and as quickly as possible. Delays in delivery cannot give rise to any damages, compensation, or order cancellation.
5.4. Loss or damage of products sold:
Risk of delivery-related loss or damage to the Products sold are the sole responsibility of SFA. Immediately upon delivery of the products to the location indicated by the Individual Customer, the risk of loss or damage to the products is transferred to the Individual Customer.
In case of poor delivery (broken or damaged package, missing or damaged products), it is the Customer’s responsibility to accurately express any reservations on the carrier's delivery receipt, confirm these reservations with the carrier via registered letter with acknowledgement of receipt within three working days of receiving the products (in accordance with the provisions of Article L133-3 of the French Commercial Code), and, at the same time, inform SFA's Customer Service Department of these reservations; failing this, SFA can in no way be held liable, and therefore no claim for compensation will be granted.
5.5. Finalization of delivery:
Delivery shall be considered complete as soon as the product is made available to the Individual Customer, as substantiated by the control system used by the carrier.
5.6. Receipt of the order:
Upon receipt, the Customer shall undertake to verify the contents of the package(s) with the carrier present, verify that such contents correspond to his or her order, and verify that there are no apparent defects. Once the package has been checked and the Products inspected, the Individual Customer must sign the carrier's delivery receipt.
Article 6. installation-commissioning
6.1. Installation and commissioning of products:
Delivery shall not include installation or commissioning of products.
6.2. SFA Technical Service Department:
If necessary, the Individual Customer is invited to contact SFA's Technical Service Department by phone at 01 44 82 25 55, or by sending a question using the form on the "contact” page.
Article 7. Product Availability
If the product is partially or totally unavailable after the order is placed, the Individual Customer shall receive an email notification of partial delivery or cancellation of the order. The Individual Customer then has the choice to:
- receive delivery of a product of equivalent quality and price, within the limits of available inventory; or
- receive a refund for the price of the product ordered within 30 days of making the request.
Article 8. Contractual warranty
8.1. Two-year warranty:
The Individual Customer shall enjoy a two (2) year warranty on each product, which begins on the delivery date, subject to proper installation and operation.
8.2. Exceptions to the warranty:
This warranty shall not cover defects caused by:
-Faulty installation, misapplication, or non-compliance with applicable standards or industry best practices
- Abnormal or wrongful use (lack of maintenance or unsuitable maintenance, etc.),
- Chemicals or limestone,
- Any reason unrelated to the intrinsic qualities of the products;
- Modification by the Individual Customer, or by a third-party engaged by the Customer, of all or part of the product, as compared with the genuine item.
Article 9. Legal warranty
All products are subject to a legal warranty giving the Customer the choice, in case of delivery of a non-compliant product or of a product with a hidden defect, to request from SFA:
- A refund of the product price;
- Exchange of the product for an identical product, subject to inventory availability; or
- Exchange of the product for a product of equivalent quality and price, subject to inventory availability.
Article L217-4 of the Consumer Code
The seller is required to deliver goods in accordance with the contract and is liable for any non-conformity existing at the time of delivery.
The seller shall also be answerable for any defect resulting from the packaging, assembly instructions, or installation (if the latter is the seller's responsibility under the contract or was carried out under the seller's responsibility).
NOTE: In accordance with Article 6 of these general terms, SFA shall not be responsible for the installation and commissioning of products.
Article L217-5 of the French Consumer Code
To comply with the contract, the product must:
(1) Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller, and possess the qualities that the latter has presented to the buyer in the form of a sample or a model;
- possess the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or the latter's representative, including advertising and labelling;
(2) Or possess the characteristics defined by mutual agreement between the parties, or be suitable for any special requirement of the buyer which was made known to the seller and to which the seller agreed.
Article L217-12 of the French Consumer Code
Action resulting from non-conformity lapses two years after delivery of the goods.
Article 1641 of the French Civil Code
The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it or would have only paid a lesser price for it had the latter known of the defects.
Article 1648 paragraph 1 of the Civil Code
Any action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect.
9.2. Implementation of the legal warranty:
For any request relating to the implementation of the legal warranty, the Individual Customer may contact Customer Service, who will indicate the procedure to be followed.
SFA shall undertake, as per the Individual Customer’s choice, either to refund the price of the product, or to exchange the product for an identical or equivalent product depending on available inventory. The cost of returning the Products shall be borne by SFA, subject to physical verification by the latter of the alleged defects.
Refund or exchange of the product shall be made within thirty days from the date of receipt from the Individual Customer of a claim under the legal warranty, provided that the product has been returned to SFA.
Article 10. Withdrawal period
The Individual Customer shall have a period of fourteen (14) days after the day on which the Customer physically takes possession of the property, to exercise his or her right of withdrawal without having to provide justification or pay penalties, except for return costs.
10.2. Terms of exercising the right of withdrawal:
The Customer must state his or her desire to return the Product(s) in a clearly worded statement (in a letter sent by post, fax, or email, for example).
For the withdrawal period to be respected, it is sufficient for the Customer to send such communication regarding the exercise of this right of withdrawal to SFA before expiry of the withdrawal period.
Return of the Product(s) shall be the responsibility of the customer and must be done within fourteen days after communicating the decision to withdraw. Once the return request has been received, the after-sales service department will contact the Customer to indicate the procedure to follow.
Returned items must be new and returned in their original packaging. No damaged items will be accepted for return.
10.3. Refund terms:
Returned Product(s) shall be refunded in full upon receipt of the returned items.
Article 11. Personal data
11.1. Controller responsible for collecting and processing the data:
Data from www.sfa.fr shall be collected and processed by the Société Française d’Assainissement.
Address: 41 bis Avenue Bosquet 75007 Paris, France.
Standard: 01 44 82 39 00
Customer service 01 44 82 25 55
11.2. Purpose of data processing:
The data shall be processed by SFA in order to:
- Identify users of the site;
- Manage orders and customer relationships;
- Conduct satisfaction surveys and manage claims;
- Provide after-sales service
- Solve any problems that may arise from the website;
- Send newsletters and inform users of new promotional offers. It should be noted here that each time an email is sent, the user shall be informed of the necessary procedures so that he or she can object freely, and at any time, to the processing of his or her data for commercial purposes.';
- The data collected by SFA shall not be used for profiling or automated decision-making based on profiles. All data requested on www.sfa.fr are intended to provide optimal service to the user.
11.3. Data retention:
The personal data provided shall be retained as long as deletion is not requested by the interested party, for the duration of the commercial contract, in accordance with the provisions of the GDPR. Similarly, data from a prospective customer shall be retained for a period of three years. This data retention period can only be renewed with the consent of the prospective customer in question. In general, the data shall be kept in accordance with the lawfully established legal, fiscal, and accounting deadlines, using the date of the interested party's request for data deletion as a reference point.
The information collected by SFA is confidential and shall only be used for management of the commercial relationship. SFA shall not transfer any data unless legally obligated to do so.
All forms on www.sfa.fr require the user's freely given consent for the collection of his or her personal data.
The user, as an interested party, may exercise the following rights:
Right of access
Any user has a right of access to his or her personal data. Any person has the right to obtain confirmation from SFA of whether his or her personal data are being processed and, if so, access to said personal data, as well as the following:
- Information about the purposes of the processing;
- Information about the categories of data being processed;
- Information about the recipients, or categories of recipients, with whom the personal data have been or will be shared, in particular recipients located in third-party countries, or international organizations;
- If possible, the planned period for which the data will be stored or, if this is not possible, the criteria used to determine this period;
- The existence of the right to ask the controller to correct or erase personal data, or to restrict the processing of personal data relating to the data subject, or the right to oppose such processing;
- Information about the existence of the right to lodge a complaint with a supervisory authority;
- Where personal data were not collected from the data subject, any information available as to the source of the data;
- Information about the existence of any automated decision-making, including profiling, as stipulated in Article 22(1) and (4) of the GDPR and, at least in such cases, any relevant information regarding the underlying logic, significance and expected consequences of such processing for the data subject.
Right of rectification
Any person is entitled to require SFA to rectify any errors in his or her personal data as soon as possible. Taking into account the purposes of the processing, the data subject has the right to have any incomplete personal data completed, including by providing a supplementary declaration.
Right to erasure (right to be forgotten)
Any person is entitled to require SFA to delete any personal data concerning the former as soon as possible, and the data controller is required to erase these personal data as soon as possible, when one of the following reasons applies:
- Personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
- The data subject withdraws the consent constituting lawful basis for processing, in accordance with Article 6(1)(a) or Article 9(2)(a) of the GDPR, and no other lawful basis for processing exists;
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there is no overriding legitimate reason for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;
- The personal data have been unlawfully processed;
- The personal data must be erased to comply with a legal obligation under EU law or the law of the Member State to which the controller is subject;
- The personal data were collected as part of the offer of information society services referred to in Article 8(1) of the GDPR.
Right of restriction
Any user has the right to ask SFA to restrict the processing of his or her data in the following cases:
- The accuracy of the personal data is disputed by the data subject, for a period of time allowing the controller to verify the accuracy of the personal data;
- The processing is unlawful and the data subject requests restriction of their use rather than erasure;
- The data controller no longer needs personal data for the original processing purposes, but the data are still required by the data subject to establish, exercise, or defend legal rights; or
- The data subject objected to the processing under Article 21(1), during verification of whether legitimate grounds pursued by the data controller would take precedence over those of the data subject.
Right of portability
Data subjects have the right to receive the personal data they have provided to SFA in a structured, commonly-used, machine-readable format, and the right to transmit these data to another processing controller without hindrance from the controller to whom the personal data were provided, when:
- The processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of that regulation;
- The processing is performed using automated methods.
Right of objection
Any person has the right to object at any time, for reasons relating to his or her specific situation, to the processing of his or her personal data by SFA, including profiling based on these provisions. The user has the right to withdraw his or her consent at any time.
You can exercise your rights at any time by contacting us via:
- Post: 41 bis Avenue Bosquet 75007 Paris, France
- Telephone (customer service): 01 44 82 25 55
- Message via the site’s “Contact” page
To effectively exercise your rights, your request must include a photocopy of a document proving your identity (identity card, passport, etc.).
Article 12. Entire Agreement
These general terms of sale express the entirety of the parties’ obligations.
If any provision of these General Terms of Sale shall be declared by a court ruling to be unlawful or unenforceable, the other provisions shall remain in full force and effect.
The failure of SFA to avail itself at one time or another of any of the general terms of sale herein shall not be construed as a waiver of any future use of this or any other term.
Article 13. Applicable law - litigation
13.1. Terms subject to French law:
These general terms of sale are subject to French law.
In case of dispute, the individual customer shall first contact the SFA’s customer service department to seek an amiable resolution.
Failing this, the Commercial Court of Paris will have sole jurisdiction.