Terms and conditions of use and sale

Article 1 - Scope of application - Purpose of the contract

These General Terms and Conditions of Use and Sale (the “GTCS”) apply, without restriction or reservation, to all sales concluded by ReadyForTrading (“RFT”) with non-professional buyers (“Customers” or the “Customer”) wishing to purchase the products offered for sale (“Products”) by RFT on the www.readyfortrading.com website. The Products offered for sale on the site are as follows:

  • Trading stations
  • Serenity Contract

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.readyfortrading.com site, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to stock availability, as specified when the order is placed.

These General Terms and Conditions of Sale are accessible at all times on the www.readyfortrading.com website and shall prevail over any other document.

The Customer declares that he/she has full legal capacity to enter into the present general terms and conditions of sale.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by checking the appropriate box before placing an order online at www.readyfortrading.com.

In the absence of proof to the contrary, the data recorded in RFT’s computer system constitutes proof of all transactions concluded with the Customer.

The Products presented on the www.readyfortrading.com website are offered for sale in the following territories:

  • Germany
  • Andorra
  • Belgium
  • Spain
  • Metropolitan France
  • Italy
  • Ireland
  • Luxembourg
  • Netherlands
  • United Kingdom
  • Switzerland

Article 2 - Price

The Products are supplied at the current prices shown on the www.readyfortrading.com website at the time the order is registered by RFT.

Prices are expressed in Euros, excluding VAT and including VAT.

Prices take into account any discounts granted by RFT on the www.readyfortrading.com website.

These prices are firm and non-revisable during their period of validity, but RFT reserves the right to modify prices at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed. Customs duties or other local taxes, import duties or state taxes may be payable.

They shall be borne by the customer, who shall remain solely responsible for their payment.

Consequently, they will be added to the price of the Products owed to RFT by the Customer.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice will be issued by RFT and given to the Customer upon delivery of the Products ordered.

The Products remain the property of RFT until full payment has been received.

Article 3 - Orders

3.1 Placing the order – Formation of the contract

It is up to the Client to select the Products he wishes to order on the ww.readyfortrading.com site.

The information communicated by the Client when placing the order (in particular name and delivery address) is binding on the Client.

Thus, RFT cannot be held liable in the event that an error in placing the order prevents or delays delivery.

Product offers are valid as long as they are visible on the site, subject to availability.

The order will only be taken into account and processed once the price has been paid in full, under the conditions specified in article 4 hereof.

It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.readyfortrading.com website constitutes the formation of a contract concluded remotely between the Customer and RFT.

RFT reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Any cancellation of the order by the Customer after its acceptance by RFT will only be possible within a maximum of 5 days after acceptance of the order by RFT and as long as delivery has not taken place, without prejudice to the possible application of the legal right of withdrawal.

The Customer will be able to follow the progress of his/her order on the website.

3.2 Peace of mind contract and IT coaching

The Serenity Contract is the right to a free IT Coaching session within 3 months of installing the Products.

The Serenity Contract is validly formed once the full price has been paid.

In order to benefit from the Serenity Contract, the Customer must contact RFT by telephone or email within 3 months of the date of installation of the Product.

IT Coaching is a remote intervention invoiced at €190 including tax, with a maximum of 2 hours for the remote offer. The face-to-face offer has the same cost as the home installation and cannot exceed 4 hours for an on-site intervention.

After payment for an IT Coaching session on the RFT site, remote intervention via remote assistance software will take place by appointment offered to the Customer.

In the event that the Customer has paid for an IT Coaching session for which RFT refuses to intervene, RFT undertakes to reimburse the Customer upon presentation of a bank account number. Once an IT Coaching session has been concluded, an invoice will be issued to the Customer.

With regard to the IT Coaching session, RFT only undertakes to be available for a maximum of 2 hours.

The aim is to suggest possible hardware and software solutions or recommendations for changing hardware or installing software.

Under no circumstances does RFT offer a commitment to results in the event of a problem being resolved during an IT Coaching session.

IT Coaching is a commitment to means, not results.

 

3.3 Anti-fraud control

In order to ensure the security of transactions and to prevent payment fraud on the Internet, RFT reserves the right to verify the reliability of the information entered when the Customer places an order.

Consequently, RFT may ask the Customer, by telephone and/or e-mail, for one or more supporting documents (copy of identity card and proof of address).

This request will have the effect of suspending the order pending the transmission of these supporting documents to the e-mail address indicated in this contract.

In addition, RFT may cancel the order if the supporting documents are not in order or have not been sent.

In such a case, cancellation of the order shall not entitle the Customer to any damages whatsoever.

Article 4 - Terms of payment

The price is paid by secure payment as follows:

payment by credit card
payment by bank transfer to the RFT bank account (details of which are given to the Customer when the order is placed).

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode, using the protocol defined by the approved payment service provider involved in banking transactions carried out on the www.readyfortrading.com website.

Payments made by the Customer will only be considered final once RFT has actually received the sums due.

RFT will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

Article 5 - Delivery and installation

5.1 Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following zone(s):

  • Germany
  • Andorra
  • Belgium
  • Spain
  • Metropolitan France
  • Italy
  • Luxembourg
  • Netherlands
  • Portugal
  • Switzerland

Deliveries are generally made in the order in which orders are received.

RFT reserves the right to change the order of delivery at any time without informing the Customer.

Deliveries are made within 1 month to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

Except in special cases or when one or more Products are unavailable, Products ordered will be delivered in several instalments.

RFT undertakes to use its best endeavours to deliver the Products ordered by the Customer within the times specified above.

However, these times are given as an indication only.

If the Products ordered have not been delivered within 2 months of the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the French Consumer Code.

The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

In the event of a specific request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by RFT, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Customer must check the condition of the products delivered.

The Customer has a period of 14 days from the date of delivery in which to submit complaints by email, accompanied by all relevant supporting documents (including photographs).

Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no complaint will be validly accepted by RFT. RFT will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or the apparent or hidden defects, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products.

Consequently, the Products are transported at RFT’s risk, except when the Customer has chosen the carrier.

In the latter case, the risks are transferred to the Customer when the goods are handed over to the carrier chosen by the Customer.

Deliveries by post are made by Chronopost or any other means of delivery.

 

5.2 Installation

RFT will install the Products ordered, if the Customer chooses this option when ordering.

RFT installs and configures the Customer’s Products. This service will be invoiced to the Customer at €690 including VAT if the Customer is based in the Paris region.

This cost increases to €990 including VAT when the Customer is based in Belgium, France (excluding Ile-de-France), Luxembourg and Switzerland.

In all other cases, the cost of the service is increased to €1,290 including VAT. RFT’s installation service lasts a maximum of 4 hours.

Beyond this time, the Customer may be charged an additional €100 per hour, including VAT.

Prices are indicated for one installation; beyond one installation, a supplement of €200 will be charged for each additional installation.

Installation is the only time that RFT works on the Customer’s premises.

RFT and the Customer agree on the day and time of installation.

If, for any reason, either RFT or the Customer wishes to postpone the day of installation, either party must notify the other as soon as possible.

If the cancellation or postponement of the installation is made by the Customer, but this has resulted in non-refundable costs to RFT, RFT reserves the right to request a refund of the costs in excess of the cost of the original installation. If the Customer refuses, this will cancel the installation. RFT will parcel the Product without refund of the Customer’s costs.

If the Customer is not present on the day of installation, RFT reserves the right to return everything to the head office if no solution can be found or to leave everything on site if someone other than the Customer is present. In this case, the Customer may be asked to pay the full installation fee again if he wishes RFT to install the equipment on another date.
RFT reserves the right to accept or send everything by parcel post at no extra cost to the Customer.

If the Customer does not respond to RFT’s proposals for installation dates, if the Customer postpones a previously validated date, if the Customer wishes a date that is too far from the date of completion of preparation of the Product or if no date is specified, RFT may send the Product to the Customer by parcel post pending an installation date validated by the Customer and RFT.

Article 6 - Transfer of ownership

Ownership of the Products is transferred from RFT to the Customer upon delivery of the order by RFT.

Article 7 - Right of withdrawal

Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal, which the Customer acknowledges and accepts without reservation.

The contract is therefore definitively concluded as soon as the Customer places the order in accordance with the terms and conditions specified in these GTCS.

Article 8 - RFT's liability, guarantees

The Products supplied by RFT are covered by :

  • the legal guarantee of conformity, for Products that are defective, damaged or do not correspond to the order,
  • the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use.

Provisions relating to legal guarantees

Article L217-4 of the French Consumer Code
‘The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.’

Article L217-5 of the French Consumer Code
‘The goods conform to the contract: 1° If they are fit for the purpose normally expected of similar goods 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 may legitimately expect given the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.’

Article L217-12 of the French Consumer Code
‘Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code.
‘The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the Civil Code
‘The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Article L217-16 of the French Consumer Code.
‘When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that was still running. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if it is made available after the request for service.

In order to assert its rights, the Customer must inform RFT in writing (email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered and no later than 14 days following delivery of the Products. RFT will refund, replace or have repaired any Products or parts under warranty that are found to be non-compliant or defective.

Postage will be refunded at the invoiced rate and return postage will be refunded on presentation of receipts.

It is the Customer’s responsibility to pack the Products carefully, using the original packaging if possible.

If the Products are damaged in transit, the cost of replacing them will be borne by the Customer at cost price. The Customer may refuse a replacement for damaged Products. RFT reserves the right to decide whether or not to provide a replacement.

Refunds, replacements or repairs of Products found to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of RFT’s finding of the non-compliance or hidden defect.

This refund may be made by bank transfer. RFT cannot be held responsible in the following cases:

  • non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer’s responsibility to check,
  • in the event of misuse, use for professional purposes, negligence, lack of maintenance (including failure to update the Products) attributable to the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and RFT cannot be held liable for them.

RFT’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

In any event, the warranty owed by RFT to the Customer will be limited to the amount paid by the Customer for the order placed, under the conditions defined in article 3 hereof.

In the case of the Coaching Informatique and/or Contrat Sérénité service, RFT’s liability, whether direct or indirect, is limited to the amount paid by the Customer for this service.

 

8.1 Recording and replacement

In order for RFT to be able to identify non-compliant or defective Products during the warranty period, the Customer is responsible for sending them to the address indicated in ARTICLE 13 of these GCS.

If the Products are found to be non-compliant, the Customer will be reimbursed for the cost of sending the Products upon presentation of supporting documents. The replaced Products will be sent to the Customer, who will be responsible for installing them.

Except in the event of stock shortage and impossibility of supply, a Product may only be replaced by a Product of the same reference.

RFT reserves the right to accept or refuse any intervention (finding and/or replacement) at the Customer’s premises without justification or compensation.

If, however, RFT accepts an intervention at the Customer’s premises, a fixed fee for travel and intervention will be invoiced at €490 including VAT if the Customer is based in the Ile-de-France region; €990 including VAT for Belgium, France (excluding Ile-de-France), Luxembourg and Switzerland; and €1290 including VAT in all other cases.

 

8.2 Guarantee

The manufacturer’s warranty period for the various products is 2 years.

 

8.3 Refund of differences

We will refund 2 times the difference if you find a Product with identical components assembled, delivered and set up at home by another service provider specialising in the delivery of trading stations.

The same applies to any other Product sold on the Site with the statement ‘Guaranteed lowest market price for identical services’.

The difference will only be refunded once proof has been sent by the Customer to RFT and RFT has validated the difference.

Article 9 - Hypertext links, cookies and data collection

9.1 – Links

RFT contains a number of hypertext links to third-party sites.

RFT cannot be held responsible, directly or indirectly, for the commercial activities, services or content offered on these sites.

Any dealings you have with third party sites on RFT remain between you and the third party site and you acknowledge and agree that we are not responsible for any loss or claim you may have against that third party site.

 

9.2 – Cookies

A cookie is a file placed on an Internet user’s hard drive by the server of the site they are visiting.

RFT uses statistical cookies to measure the audience for its website and to find out which pages are viewed most frequently and how often visitors log on.

If you would like more information about cookies, we suggest you visit the following website Commission Nationale de l’Informatique et des Libertés (CNIL) dedicated page

 

9.3 – Information gathering

ReadyForTrading may collect and use users’ personal information to :

  • To send newsletters. We use the user’s email address with their consent to send them information about our products, services and updates. The email address may also be used to respond to user requests. If the user wishes to unsubscribe from the newsletter, they may do so via our website or by email to the following address: privacy@readyfortrading.com
  • Responding to user requests and/or questions.
  • Notify users of the progress of their order and follow up.

For the last two points, the user gives his/her consent to be contacted by email and/or telephone.

Data is kept for a maximum of three years from the last contact.

The user may at any time request to be deleted from our files via our website or by e-mail to the following address: privacy@readyfortrading.com

Article 10 - Information technology and civil liberties

In application of Law 78-17 of 6 January 1978, the Customer is reminded that the personal data requested from him is necessary for processing his order and, in particular, for drawing up invoices.

This data may be communicated to any RFT partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the www.readyfortrading.com site has been the subject of a declaration to the CNIL, number 2106980.

In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.

This right may be exercised by written request (paper or email) from the Customer.

Article 11 - Intellectual property

The content of the www.readyfortrading.com website is the property of RFT and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

Article 12 - Applicable law, language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These GCS are written in French.

In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 13 - Company details

RFT’s contact details are as follows

ReadyForTrading, SAS Share capital of €100,000 Registered with the Versaille Trade and Companies Register under number 831 910 500
11 square Lugwig Van Beethoven – 78330 Fontenay le Fleury – France
Mail: info@readyfortrading.com
Telephone number: +33 (0)9 81 44 79 50
Intracommunity VAT number: FR82 831910500

Article 14 - Litigation

For any complaint, please contact customer services at the RFT postal or e-mail address indicated in ARTICLE 13 of these GTC.

The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

In this case, the designated mediator is: Le service du Médiateur du e-commerce de la FEVAD 60 rue de la Boétie 75008 Paris E-mail : mediateurduecommerce@fevad.com

The Customer is also informed that he/she may also have recourse to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes relating to the purchase and sale transactions entered into pursuant to these GTCS, which are not resolved by amicable settlement between the seller or by mediation, shall be referred to the French courts.