General terms and conditions of use and sale
Article 1 - Scope - Object of the contract
These General Terms and Conditions of Use and Sale (“GTC”) 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 the following:
- Trading stations
- Serenity Contract
The Product’s main characteristics and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products are presented on the www.readyfortrading.com website, which the customer must read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer. Offers of Products are understood to be within the limits of available stocks, as specified when the order is placed.
These GTC are accessible at any time on the www.readyfortrading.com website and will prevail over any other document.
The Customer declares that he has full legal capacity enabling him to commit himself under these general terms and conditions of sale.
The Customer declares having read these GTC and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the www.readyfortrading.com website.
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:
- Metropolitan France
- The Netherlands
- The United Kingdom
Article 2 - Price
The Products are supplied at the prices in force on the www.readyfortrading.com website, at the time the order is recorded by RFT.
Prices are expressed in Euros, excluding VAT and all taxes.
The rates take into account any discounts that may be 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 the prices at any time outside of their period of validity.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order. Customs duties or other local taxes or import duties or state taxes may be payable.
They will be charged to the Customer who will 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 fees.
An invoice is established by RFT and given to the Customer upon delivery of the Products ordered.
The Products remain the property of RFT, until full and complete payment of the price.
Article 3 - Orders
3.1 Placing the order – Formation of the contract
It is up to the Customer to select the Products he wishes to order on the www.readyfortrading.com website.
The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer.
Thus, RFT cannot be held liable in any way in the event that an error during the placing of the order prevents or delays shipping/delivery.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The order will be taken into account and processed only after full payment of the price, 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 site 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 over payment of a previous order.
Any cancellation of the order by the Customer after its acceptance by RFT will only be possible within 5 days at the most after acceptance of the order by RFT and as long as the 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 order on the site.
3.2 Serenity contract and IT coaching
IT Coaching is a remote service, invoiced at €190 including tax, and does not exceed 2 hours.
The Serenity Contract is the right to benefit from a free IT Coaching session within 3 months following the installation of Products.
The Serenity Contract is validly formed, after payment of the entire corresponding price.
For the Customer to benefit from the Serenity Contract, the Customer must contact RFT by telephone or by email within 3 months following the date of installation of the Product.
After payment of an IT Coaching session on the RFT site, the remote service via remote assistance software will be carried out at an appointed time agreed with the Customer.
RFT can accept or refuse any IT Coaching service, without justification or compensation.
In the event that the Customer has paid for an IT Coaching session for which RFT refuses the service, RFT undertakes to reimburse the Customer on presentation of a bank account number. The conclusion of an IT Coaching session gives rise to the issue of an invoice to the Customer.
With regard to the IT Coaching session, RFT only commits to its availability for a maximum of 2 hours.
The objective is to suggest possibilities for hardware and software resolution or recommendations for hardware changes or software installation.
Under no circumstances does RFT offer, within the framework of the IT Coaching session, a commitment to results on the possible resolution of a problem.
3.3 Fraud control
To ensure the security of transactions and to prevent fraudulent use of payment methods 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 document and proof of address).
This request will have the effect of suspending the order pending the transmission of these proofs to the e-mail address indicated in the terms of this contract.
In addition, RFT may cancel the order in the event of non-conformity of the supporting documents or failure to transmit these documents.
In this case, the cancellation of the order shall not entitle the Customer to any damages.
Article 4 - Terms of payment
The price is paid by secure payment, according to the following modalities:
- credit card payment
- payment by bank transfer to the RFT bank account (the details of which are communicated to the Customer when the order is placed)
The price is payable up front, in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted form, using the protocol defined by the authorised payment service provider for banking transactions carried out on the www.readyfortrading.com website.
Payments made by the Customer will only be considered final after RFT has received the sums due.
RFT will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
Article 5 - Delivery and installation
The Products ordered by the Customer will be delivered to metropolitan France or to the following zone(s):
- Metropolitan France
- The Netherlands
Deliveries are generally made in the order in which orders are received.
RFT reserves the right to modify the order of deliveries 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 the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in several instalments.
RFT undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
However, these deadlines are given for information only.
If the Products ordered have not been delivered within 2 months after 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 provided for 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, with the exclusion of any compensation or deduction.
In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by RFT, the related costs will be subject to additional specific invoicing, on the basis of a quotation previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered.
He has a period of 7 days from delivery to make claims by email, accompanied by all the relevant evidence (photos in particular).
After this period and in the absence of compliance with these formalities, the Products will be deemed to conform and be free of any apparent defect and no claim 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 apparent or hidden defects, under the conditions provided for in articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only be effected when the Customer takes physical possession of the Products.
Consequently, the Products are transported at RFT’s own risk, except when the Customer has chosen the carrier.
In the latter case, the risks are transferred to the Customer at the time of delivery of the goods to the carrier chosen by the Customer.
Postal deliveries are made by Chronopost or any other means of delivery.
RFT proceeds with the installation of the Products ordered if the Customer chooses this option when placing the order.
RFT installs the Customer’s Products and configures them. The service will be invoiced to the Customer at €690 inclusive of tax if the Customer is located in Ile-de-France.
This service increases to €990 including tax if the Customer is in Belgium, France (excluding Ile-de-France), Luxembourg and Switzerland.
The cost of the service increases to €1,290 including tax, in other cases. The installation service by RFT takes a maximum of 4 hours.
Beyond that, a surplus may be charged to the Customer at a rate of €100 per hour including tax.
Installation is the only service during which RFT operates at the Customer’s site.
Article 6 - Transfer of ownership
Transfer of ownership of the Products from RFT to the Customer occurs as soon as the order is delivered 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 retraction, which he acknowledges and accepts without reservation.
The contract is therefore concluded definitively, as soon as the Customer places the order according to the terms and conditions specified in these GTC.
Article 8 - Liability of RFTs, guaranties
The Products supplied by RFT benefit from:
- the legal warranty of conformity, for defective or damaged Products or Products that do not match the order,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
Provisions relating to statutory guarantees
Article L217-4 of the French Consumer Code
“The seller shall deliver goods in compliance with the contract and is liable for any lack of conformity existing at the time of delivery’’ The seller shall also be liable for any defects that result from the packaging, assembly instructions or installation if the seller was responsible for installation under the contract or installation was carried out under the seller’s supervision’.
Article L217-5 of the French Consumer Code
“The goods comply with the contract: 1) If they are suitable for the use normally expected of similar products and, as applicable: – if they correspond to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model; – if they have the qualities that a purchaser can legitimately expect given the declarations made by the seller, the manufacturer or its representative, in particular as regards the advertising or labelling; 2) Or if they have the characteristics defined by mutual agreement by the parties or are suitable for any specific use required by the purchaser, which was brought to the attention of the seller and that the seller accepted’.
Article L217-12 of the French Consumer Code
‘Actions that result from a lack of conformity are time-barred after a period of two years following delivery of the goods’.
Article 1641 of the French Civil Code
‘A seller is bound to a warranty on account of the latent defects of the goods sold which render them unfit for their intended use, or which so impair that use that the purchaser would not have bought them, or would have paid a lower price for them, had he been aware of the defects’.
Article 1648 of the French Civil Code
‘The action resulting from latent defects must be brought by the purchaser within a period of two years following the discovery of the defects’.
Article L217-16 of the French Consumer Code
‘Where the purchaser asks the seller, during the period of the commercial guarantee offered by the seller and upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period. This period shall be calculated from the date on which the purchaser submits its request or on which the product concerned is provided for repair, whichever comes first’
To assert his rights, the Customer must inform RFT, in writing (email or mail), of the Products’ nonconformity or hidden defects as soon as they are discovered and no later than 14 days following delivery of the Products. RFT will refund, replace or repair Products or parts under guarantee that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective, will be made as soon as possible and at the latest within 14 days following the finding by RFT of the lack of conformity or latent defect.
This refund can be made by bank transfer or cheque. RFT cannot be held responsible in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence, lack of maintenance (including the lack of Product updates) attributable to the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and illustrations presented on the site are not contractual and are not contractual to RFT.
RFT’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
In any event, the guarantee owed by RFT to the Customer will be limited to the sum paid by the Customer when the order is placed, under the conditions defined in article 3 hereof.
Within the framework of the IT Coaching and/or Serenity Contract service, RFT’s liability, whether direct or indirect, will be limited to the amount paid by the Client for this service.
8.1 Recognition and replacement
For RFT to be able to detect non-compliant or defective Products during the guarantee period, the Customer is responsible for sending them to the contact address indicated in ARTICLE 13 of these GTC.
The shipping costs will be reimbursed to the Customer upon presentation of receipts if the Products are found to be non-compliant. Replacement Products will be sent to the Customer who will install them.
Except in the event of stock shortage and impossibility of supply, a Product can only be replaced by a Product of the same reference.
RFT reserves the right to accept or refuse any procedures (observation and/or replacement) at the Customer’s premises without justification or compensation
If, however, RFT accepts to intervene at the customer’s premises, a flat rate for travel and the procedures will be invoiced at €490 including tax when the Customer is established in Ile-de-France; €990 including tax for Belgium, France (excluding Ile-de-France), Luxembourg, Switzerland; and €1,290 including tax in all other cases.
The guarantee period differs depending on the product.
- Screens: 2 years
- Screen mount and CPU support except for the fan: 1 year
- Microphone, keyboard, mouse, speakers and CPU fan: 6 months
8.3 Reimbursement of differences
We refund twice the difference if you find a Product with identical components assembled, delivered and set up in your home with another service provider specialising in the delivery of trading stations.
The same applies to any other Product sold on the Site with the mention “Guaranteed lowest prices on the market for identical services”.
The difference is only refunded once the proof has been transmitted by the Customer to RFT and RFT validates this difference.
Article 9 - Hypertext links, cookies and collection of information
9.1 – Links
RFT contains a number of hypertext links to third party sites.
RFT can not be held responsible directly or indirectly for commercial activities, services or the content on these sites.
Any transaction that you have with third party Sites present on RFT remains between you and the third-party site and you acknowledge and agree that we are not responsible for any loss or claim you might have against this third party site.
9.2 – Cookies
If you wish to obtain more information regarding cookies, we suggest you visit the dedicated page of the Commission page dédiée de la Commission Nationale de l’Informatique et des Libertés (CNIL).
9.3 – Information gathering
ReadyForTrading may collect and use users’ personal information to:
- Send newsletters. We use the user’s email address, with their consent, to send them information about our products, services and updates. Email can also be used to respond to user requests. If the user wishes to unsubscribe from the newsletter, he can do so via our site or by e-mail at the following address: firstname.lastname@example.org
- Responding to user requests and/or questions.
- Notifying the user of his order’s progress and follow up.
For the last two points, the user gives his consent to be contacted by email and/or telephone.
The period of data retention may not exceed three years from the last contact.
The user may, at any time, request to be deleted from our files via our site or by e-mail to the following address: email@example.com
Article 10 - Information technology and freedoms
Under French Law 78-17 of 6 January 1978, personal data requested from the Customer are necessary for processing his order and for the preparation of invoices, in particular.
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 website has been the subject of a declaration to the CNIL, number 2106980.
In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her.
This right may be exercised by written request (paper or email) from the Customer.
Article 11 - Intellectual property
The content of the site www.readyfortrading.com is the property of RFT and its partners and is protected by French and international laws on intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 12 - Applicable law, language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 13 - Company details
The contact information for RFT is as follows:
ReadyForTrading, SAS Share capital of 100,000 euros Registered with the RCS of Versailles, under the number 831 910 500
9 square Monge – 78330 Fontenay le Fleury – France
Telephone: +33 (0)9 81 44 79 50
Intracommunity VAT number: FR82 831910500
Article 14 - Disputes
For any claim, please contact customer service at the RFT postal or e-mail address indicated in ARTICLE 13 of these GTC.
The Customer is informed that he may, in any event, have recourse to conventional mediation, to existing sector-based mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In this case, the appointed mediator is:
The FEVAD e-commerce mediator unit
60 rue de la Boétie 75008 Paris
The Customer is also informed that he may also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes relating to purchase and sale transactions concluded in the application of these GTC, not resolved by virtue of an amicable settlement between the seller or by mediation, will be submitted to the French courts.