Terms of sales

GENERAL TERMS AND CONDITIONS OF SALE

Last updated: 01/22/2024

ARTICLE 1 — GENERAL PROVISIONS

The General Terms and Conditions of Sale (the "General Terms and Conditions of Sale" or "GTC") apply exclusively to the online sale of products offered by the Operator on the website.

The GTC are made available to customers on the website where they can be directly consulted and can also be provided upon request through any means.

The GTC are binding on the customer who acknowledges, by checking a box or clicking on the designated button, that they have read and accepted them before placing an order. The validation of the order by its confirmation constitutes the customer's acceptance of the GTC in force on the day of the order, the preservation and reproduction of which are ensured by the Operator.

ARTICLE 2 — PRODUCT DESCRIPTION

The website is an online store for products in the field of survival (hereinafter referred to as the "Product(s)") open to any natural or legal person using the website www.instinct-survival.com.

The Products presented on the website each have a description (established by the supplier or accessible on the manufacturer's website via a link on the website) indicating their essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document. The instructions for using the Product, if essential, are available on the website or will be sent at the latest upon delivery. The Products comply with the requirements of French law in force.

The Customer is responsible for the terms and consequences of their access to the website, especially through the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain the customer's responsibility. Additionally, the Customer must provide and be fully responsible for the equipment necessary to connect to the website.

The Customer acknowledges that they have verified that their computer configuration is secure and in working order.

ARTICLE 3 — CREATION OF THE CUSTOMER ACCOUNT

To place an order on the website, the Customer must first create their personal customer account. Once created, to access it, the Customer must log in using their secret, personal, and confidential username and password. It is the Customer's responsibility not to disclose their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Customer agrees to maintain strict confidentiality regarding the data, especially the username and password, allowing them to access their customer account. The Customer acknowledges being solely responsible for access to the Service using their username and password, except in cases of proven fraud. Furthermore, each Customer agrees to promptly inform the Operator in case of loss, misuse, or fraudulent use of their username and/or password.

After creating their personal customer account, the Customer will receive an email confirming the creation of their customer account.

When registering, the Customer agrees to:

Provide real, accurate, up-to-date information when entering it into the service registration form, and specifically not to use false names or addresses or names or addresses without authorization.
Keep registration data up to date to ensure that it is always true, accurate, and up-to-date.

Furthermore, the Customer agrees not to make available or distribute unlawful or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator may suspend or terminate the Customer's access to the website at their exclusive expense.

ARTICLE 4 — ORDERS

The Operator strives to ensure optimal availability of its Products. Product offers are valid within the limits of available stock.

If, despite the Operator's best efforts, a Product becomes unavailable after the Customer's order, the Operator will inform the Customer by email as soon as possible, and the Customer will have the choice between:

The delivery of a Product of equivalent quality and price to the one originally ordered, or
A refund of the price of the ordered Product within thirty (30) days of the payment of the amounts already paid.

It is agreed that, in addition to the refund of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not obligated to provide any cancellation compensation unless the non-performance of the contract is personally attributable to them.

Except for any contrary mention in these General Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, Customer orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to their cart, indicating the selected Products and the desired quantities. The Customer has the opportunity to review the details of their order and its total price and to return to the previous pages to potentially correct the contents of their cart before validating it.

The Customer agrees to read the General Terms and Conditions of Sale in force before accepting them and confirming the terms and any delivery and withdrawal fees prior to payment of their order. Confirmation of the order implies acceptance of the GTC and forms the contract.

A copy of these General Terms and Conditions, as accepted by the Customer, will be sent to the Customer by email at the time of order confirmation for their reference.

Contractual information regarding the order (including the order number) will be confirmed by email in a timely manner and no later than at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on reliable and durable media as evidence. A digital invoice is available to the Customer in the "my account" section. The Operator also recommends the Customer to print and/or archive this invoice on reliable and durable media as evidence.

Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to log in to their customer account.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, particularly in the event that:

The Customer does not comply with the General Terms and Conditions in force at the time of their order;
The Customer's order history shows that sums are still owed for previous orders;
One of the Customer's previous orders is the subject of a pending dispute;
The Customer has not responded to a request for confirmation of their order sent by the Operator.

The Operator archives sales contracts for Products in accordance with applicable law. Upon request to the following address contact@instinct-survival.com, the Operator will provide the Customer with a copy of the requested contract.

Any modification of an order by the Customer after order confirmation is subject to the Operator's agreement.

The information provided by the Customer when placing the order (including name and delivery address) binds the Customer. Thus, the Operator's liability cannot be sought in any way in the event that an error in placing the order prevents or delays delivery.

The Customer declares that they have full legal capacity to enter into these General Terms and Conditions.

Registration is open to capable adults and minors, provided that they act under the supervision of the parent or guardian with parental authority. In no case is registration allowed on behalf of third parties unless validly authorized to represent them (e.g., a legal entity). Registration is strictly personal to each Customer.

In the event of a breach by the Customer of any provision of these General Terms and Conditions, the Operator reserves the right to terminate the Customer's account without notice.

ARTICLE 5 — PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the website is an order with an obligation to pay, which requires payment of a price in exchange for the supply of the ordered Product.

In any case, the Operator reserves the right to verify the validity of the payment before shipping the order, using all necessary means.

The Operator uses the online payment solutions PayPal or Shopify Payment.

Orders can be paid for using one of the following payment methods:

Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank; the Customer's banking details do not transit through the website. The banking details provided during payment are protected by SSL (Secure Socket Layer) encryption. This way, these details are not accessible to third parties.

The Customer's order is recorded and validated as soon as the payment is accepted by the bank.

The Customer's account will be debited with the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

Inability to debit the due amounts will result in the immediate nullity of the sale.

The credit card may be declined, in particular if it has expired, if it has reached the maximum spending limit allowed for the Customer, or if the entered data is incorrect.

Payment by electronic wallet (such as PayPal). The Customer already has an account with the electronic wallet used by the Operator. The Customer can use this account and securely pay for their order without disclosing their banking details.

If necessary, the Customer's order, validated by the Customer, will only be considered effective when the secure banking payment center has approved the transaction.

As part of the verification procedures, the Operator may ask the Customer for all necessary documents to complete their order. These documents will not be used for any other purpose.

ARTICLE 6 — PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and shipping costs. In the case of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the promotion's advertisement.

The price is payable in euros (€) exclusively. The price is due in full after order confirmation. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or shipping fees apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due by the Customer and its breakdown is indicated on the order confirmation page.

ARTICLE 7 — FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends their order confirmation.

The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places their order, they must confirm it using the "double-click" technique, meaning that after selecting Products added to the cart, the Customer must review and, if necessary, correct the contents of their cart (identification, quantity of selected Products, price, delivery terms, and fees) before confirming it by clicking "confirm my delivery." Then, they acknowledge accepting these GTC before clicking the "I pay" button, and finally, they confirm their order after providing their payment details. The "double-click" serves as an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unconditional acceptance of the order by the Customer.

The Operator ensures the archiving of communications, order forms, and invoices on a reliable and durable medium to constitute a faithful and lasting copy. These communications, order forms, and invoices may be produced as evidence of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by phone constitutes evidence of all transactions between the Operator and its Customers.

The order may be terminated by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:

Delivery of a Product that does not conform to the declared characteristics of the Product; Delivery exceeding the deadline specified in the order form or, in the absence of such a deadline, within thirty (30) days following the conclusion of the contract, after the Operator has been formally requested, under the same terms and with no results, to make delivery within a reasonable additional period; An unjustified increase in price due to a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand the refund of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be terminated by the Operator in the event of:

Refusal of the buyer to take delivery; Non-payment of the price (or the balance of the price) at the time of delivery.

ARTICLE 8 — RETENTION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until the full payment, including any shipping costs, is received.

ARTICLE 9 — SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a European Union member state, and for deliveries in these same geographical areas.

Delivery means the transfer of physical possession or control of the Product to the Customer.

The Operator offers various delivery or issuance methods depending on the nature of the product.

The shipping costs are those specified when finalizing the order and are accepted upon order validation.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receiving the order.

Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipment of the order as well as the carrier's expected delivery time.

The Operator undertakes to ship the Products in accordance with the deadlines indicated on each Product sheet and in the cart, provided that the payment for the order has not been previously refused.

However, if one or more Products cannot be delivered within the initially announced deadline, the Operator will send an email to the Customer indicating the new delivery date.

The Products will be delivered to the address provided by the Customer when placing the order. It is therefore the Customer's responsibility to ensure that this address does not contain any errors. The Operator's liability cannot be engaged if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, a receipt may be required to be signed.

No delivery will be made to a postal box.

Upon delivery, it is the Customer's responsibility to check that the Products delivered conform to their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate it on the delivery receipt. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery receipt.

ARTICLE 10 — RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, they may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code and in order to exercise this right of withdrawal in accordance with Articles L. 221-18 and following of the Consumer Code, the Customer is invited to fill out the standard withdrawal form by clicking on the following link [https://instinct-survival.com/pages/formulaire-de-retour].

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by email.

If necessary, the Customer can exercise their right of withdrawal by providing the following information to the Operator:

Name, geographical address, telephone number, and email address; A clear and unequivocal statement of the decision to withdraw (for example, a letter sent by post, fax, or email, provided that these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the standard withdrawal form, but this is not mandatory.

The return costs are borne by the Customer, unless the item cannot be returned by post, in which case the Operator will retrieve the Product at its own expense.

The exceptions in Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order consists of a contract:

- For the supply of services fully performed before the end of the withdrawal period and whose execution has begun after the consumer's express prior agreement and express waiver of their right of withdrawal;

- For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;

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

- For the supply of goods that are liable to deteriorate or expire rapidly;

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

- For the supply of goods that, after delivery and by their nature, are inseparably mixed with other items;

- For the supply of alcoholic beverages the delivery of which is deferred beyond thirty (30) days and the value of which is agreed upon at the conclusion of the contract and depends on fluctuations in the market beyond the control of the professional;

- For urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency;

- For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- For the supply of a newspaper, periodical, or magazine, except for subscriptions to these publications; Concluded in a public auction;

- For the provision of accommodation services, other than residential accommodation, transportation of goods, car rental, catering, or leisure activities to be provided on a specified date or period;

- For the supply of digital content not provided on a material support, the execution of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.

In addition to the returned Product, the return package must also include a letter specifying the Customer's exact and complete contact details (name, first name, address) and the order number, as well as the original purchase invoice.

The Operator will refund the Customer the amount of the Product within fourteen (14) days from the receipt of the Product and all the elements allowing the Customer's refund to be processed. This refund may be made by the same means of payment used by the Customer. In this regard, Customers who have paid for their order in the form of credits/gift certificates may be reimbursed with credits/gift certificates as per the Operator's decision.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal conditions.

ARTICLE 11 — CUSTOMER SERVICE

The Customer can contact the Operator:

via email by sending a message to [contact@instinct-survival.com], providing their name, phone number, the nature of their request, and the order number concerned.

ARTICLE 12 — INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

The Operator is the sole owner of all elements present on the Site, including but not limited to, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, site structure, and all other elements of intellectual property and other data or information (hereinafter, the "Elements") protected by French and international laws and regulations relating to intellectual property.

As a result, none of the Elements of the Site can be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcasted, represented, stored, used, rented, or exploited in any other way, free of charge or for consideration, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

ARTICLE 13 — LIABILITY AND WARRANTY

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to these terms.

The Customer acknowledges that the characteristics and constraints of the Internet do not allow for the guarantee of the security, availability, and integrity of data transmissions over the Internet. Therefore, the Operator does not guarantee that the Site and its services will operate without interruption or malfunction. In particular, their operation may be temporarily interrupted for maintenance, updates, technical improvements, or to evolve their content and/or presentation.

The Operator cannot be held responsible for the use of the Site and its services by Customers in violation of these General Terms and Conditions and for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false statements made by a Customer and their behavior towards third parties. In the event that the liability of the Operator is sought because of such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any conviction against them and to reimburse the Operator for all expenses, including attorney's fees, incurred for their defense.

Regardless of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code) and the warranty for hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal warranty of conformity:

you have a period of two (2) years from the delivery of the goods to take action;
you can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
you are exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).

You can decide to use the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.

Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9, and L. 217-12 of the Consumer Code, as in force on the date of these General Terms and Conditions:

Art. L.217-4 of the Consumer Code:

"The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He is also responsible for defects of conformity resulting from packaging, assembly instructions or installation when the contract places the charge or has been carried out under his responsibility."

Art. L.217-5 of the Consumer Code:

"The goods conform to the contract:

1° If it is suitable for the use normally expected of a similar good and, where applicable:
— if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
— if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."

Art. L.217-7 of the Consumer Code:

"Defects of conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For second-hand goods sold, this period is set at six months.

The seller may combat this presumption if it is not compatible with the nature of the goods or the defect of conformity invoked."

Art. L.217-9 of the Consumer Code:

"In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, given the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the modality not chosen by the buyer."

Art. L.217-12 of the Consumer Code:

"Action resulting from lack of conformity is barred by two years from the delivery of the goods."

Art. 1641 of the Civil Code:

"The seller is bound by the warranty on account of latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it if he had known of them."

Art. 1644 of the Civil Code:

"In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him or of keeping the thing and having part of the price returned to him."

Art. 1648 paragraph 1 of the Civil Code:

"An action resulting from redhibitory vices must be brought by the purchaser within two years from the discovery of the vice."

It is reminded that the search for amicable solutions prior to any possible legal action does not interrupt the deadlines for legal guarantees or the duration of any contractual guarantee.

ARTICLE 14 — COMMERCIAL WARRANTY

The commercial warranty (contractual commitment of the Operator, in addition to its legal obligations relating to the conformity guarantee of the Products) is the subject of a written contract in accordance with the provisions of Articles L. 217-15 and following of the Commercial Code, of which a copy is given to the Customer.

ARTICLE 15 — AFTER-SALES SERVICE

After-sales services performed by

the Operator and not covered by the commercial warranty are the subject of a contract of which a copy is given to the Customer.

Claims made under warranties must be sent to the after-sales service at the following coordinates:

email address: contact@instinct-survival.com
postal address: 15 rue de l'épine, 25480 Miserey-Salines

Products covered by the warranties must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

The Customer will be reimbursed for postal return costs no later than thirty (30) days after receipt of the product by the Operator.

ARTICLE 16 — PERSONAL DATA

For more information on the use of personal data by the Operator, please carefully read the Privacy Policy (the "Privacy Policy"). You can consult this Privacy Policy on the Site at any time.

ARTICLE 17 — HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not edited by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and will then agree to use third-party sites at their own risk or, as the case may be, in accordance with the terms governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the elaboration of the terms of use and/or content applicable to or appearing on these third-party sites.

As a result, the Operator cannot be held responsible in any way for these hypertext links.

Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee, or take over all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or banners linking to third-party sites not edited by the Operator.

The Operator invites the Customer to inform them of any hypertext link on the Site that would provide access to a third-party site offering content contrary to laws and/or good morals.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written agreement of the Operator on a case-by-case basis.

ARTICLE 18 — REFERENCES

The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 19 — GENERAL PROVISION

ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entire rights and obligations of the Company and the Operator with respect to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation, or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect. In addition, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver by that party in the future of such breach.

CHANGES TO THE CONDITIONS

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease to operate all or part of the Site.

Furthermore, the Operator reserves the right to modify the location of the Site on the Internet at any time and without notice, as well as these General Terms and Conditions. Therefore, the Customer is required to refer to these General Terms and Conditions before using the Site.

The Customer acknowledges that the Operator cannot be held liable in any way towards them or any third party for these modifications, suspensions, or terminations.

The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and lasting storage, and to be able to invoke them at any time during the execution of the contract if necessary.

CLAIMS — MEDIATION

In the event of a dispute, you must first contact the company's customer service at the following coordinates: [contact@instinct-survival.com].

The Customer is also informed that they can use the Online Dispute Resolution (ODR) platform.

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Terms and Conditions carefully.

By registering on the Site, the Customer confirms that they have read and accept these General Terms and Conditions, thereby contractually binding themselves to the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which can be provided to the Customer upon request, so it is specified that any modification of the General Terms and Conditions made by the Operator will not apply to any orders placed previously, unless expressly agreed by the Customer who placed an order.