The general terms and conditions of sale below apply to all transactions carried out and constitute a distance selling contract, defining the rights and obligations of the company PROWELTEK and the customer within the framework of the sale of products referenced on the site. Any derogation from these General Terms and Conditions of Sale must be the subject of a written agreement signed by the company. Otherwise, the General Terms and Conditions of Sale apply fully and without reservation.

Any order placed implies the implicit acceptance of these conditions by the Customer.

Article 1 – Identification of the seller

These General Terms and Conditions of Sale are concluded by:

PROWELTEK, Simplified Joint-Stock Company (SAS)
Share capital: €100,000
Registered office: BUSINESS CORNER, 37 AVENUE DES MASSETTES, 73190 CHALLES-LES-EAUX
Registered with the RCS of CHAMBÉRY under number 805 125 127
SIRET number: 80512512700045
Intra-community VAT number: FR24805125127
Telephone: (+33) 4 58 17 49 47

Hereinafter referred to as "the Seller" or "UNIVERS DU PRO".

Article 2 – Purpose

These General Terms and Conditions of Sale govern sales made on the site relating to products intended for home, garden, and heating equipment as well as gas products and electrical equipment.

Article 3 – Products

The products offered for sale are described as accurately as possible. The characteristics and specifications shown in our catalogs are established based on information from our manufacturing partners or suppliers. In this regard, UNIVERS DU PRO undertakes to answer any request for additional information on the products.

The texts, photographs, and advertising documents on paper or on the website may be modified at any time without notice. UNIVERS DU PRO cannot then be required to provide the articles thus deleted with the old specifications. Commercial data is the property of UNIVERS DU PRO or distributed with the agreement of the manufacturers, and as such cannot be used by a third party without the prior agreement of UNIVERS DU PRO. Photographs may not be contractually binding.

Gas and electrical products comply with current standards and bear the CE marking when required.

The buyer is required to strictly follow the instructions for use and safety guidelines provided.

WARNING: Products whose failure results from negligence, abuse, or inappropriate use with respect to the instructions relating to the installation, use, and operation of the Product, will lose all warranty.

Article 4 – Price

Prices are indicated in euros, all taxes included.

The displayed rates take into account the WEEE tax or Eco-Participation.

In addition, the displayed prices do not include shipping, packaging, and insurance, unless otherwise stated.

The Seller reserves the right to modify its prices without notice according to economic variations, but the product will be invoiced on the basis of the rate in effect at the time of order validation.

Article 5 – Order

5.1. Capacity and ordering process

When placing the Order, the Customer guarantees having full legal capacity to adhere to these general conditions and thus conclude this contract.

The order is validated when the customer:

- Selects their products

- Confirms their basket

- Enters their information and commits to its truthfulness

- Accepts these General Terms and Conditions of Sale

- Proceeds to payment

An order receipt acknowledgment confirming that it has been taken into account is automatically sent to the customer at the email address provided during registration.

5.2. Accuracy of information

The Customer must verify all the information entered during their Order (Product ordered, delivery address, billing address, telephone details...). If after validation of their Order the Customer realizes the need to modify certain information, they can contact us by phone or via the contact form within 24 hours so that we can best satisfy their request.

5.3. Unavailability and cancellation

In the event of exceptional unavailability of a product after validation of the order, the Seller will inform the Customer as soon as possible. The Seller may offer a product of equivalent quality and price, which the Customer will be free to accept or refuse. In case of refusal, the order will be canceled and the Customer fully refunded.

The Seller reserves the right to cancel any order from a customer with whom there is a dispute related to the payment of a previous order, or in the event that the information provided during the order or customer registration proves to be false or erroneous, or in case of suspected fraud.

Article 6 – Payment

6.1. Payment methods

Payment is due immediately upon ordering. Payment validation by UNIVERS DU PRO services triggers the shipping of the order. It is not possible to come and pick up packages directly from our warehouses. Transactions are secured via a trusted payment provider.

- Bank card (Carte Bleue, VISA, MASTERCARD, AMERICAN EXPRESS): The Customer guarantees that they are fully authorized to use the said card and that it provides access to sufficient funds to cover the costs of the Order.
All payments by bank card are made using the secure payment site Payplug which integrates the SSL security standard. Confidential data is transmitted in encrypted form. As part of the fight against fraud, we use 3D Secure payment. 3D Secure (also called Verified by VISA) is an authentication payment system allowing to reinforce security during your online purchases. At the time of payment, your bank verifies the identity of the cardholder before validating the transaction. After entering the details of your CB, VISA, MASTERCARD, or AMERICAN EXPRESS, the Customer will be transferred to their bank's website where they will be asked to identify themselves. This procedure is specific to the customer's bank; the customer may, for example, be asked to enter their date of birth, to fill in a code received by SMS, to answer a personal question, etc... After the confirmation of this step, the Customer's payment is finalized and they receive the order confirmation email.

- Bank transfer: The bank details necessary for the transfer will be communicated to you when you validate your order.
Any fees applied by the Customer's bank remain their exclusive responsibility and do not come from UNIVERS DU PRO in any way.

- PayPal: PayPal is recognized worldwide for its security (encryption and data protection) and reliability. This service allows you to pay for your order without communicating any financial information to us.

- Payment in 3 or 4 installments without fees:

We offer you a payment facility in several installments without fees:
- Payment in 3x without fees from €100 to €3000 with our partner Scalapay
- Payment in 4x without fees from €30 to €2000 with PayPal
Subject to acceptance by our financial partners. By choosing these payment methods, the Customer accepts the general terms and conditions specific to Scalapay or PayPal.

6.2. Retention of title clause and default of payment

The goods remain the full property of UNIVERS DU PRO until final and full payment of the order price.

In the event of a payment incident, UNIVERS DU PRO reserves the right to suspend or close the account of the offending Customer. Any person whose account has been suspended cannot re-order on the Site without prior authorization. UNIVERS DU PRO also reserves the right to refuse to carry out a delivery or to honor an Order from a Customer who has not fully paid a previous Order or with whom a payment dispute is in progress.

Article 7 – Delivery

7.1. Delivery process

Unless otherwise stated in these General Terms and Conditions of Sale, delivery costs are always the responsibility of the Customer

Products are necessarily delivered to the address indicated by the Customer when entering information during their Order. This is why UNIVERS DU PRO advises the Customer to ensure the accuracy of the information they may have provided for the delivery of their Order.

Delivery does not include installation or commissioning of the ordered Product.

Deliveries are carried out by various specialized Carriers depending on the nature of the Product subject to the Order and are subject to an appointment organized between the Carrier and the Customer.

The risk is transferred when the consumer physically takes possession of the goods.

In the event of a damaged package, any reservations must be made to the carrier upon delivery.

In order to deliver your orders in the best conditions, please carefully observe the following points:

- Please enter a precise and complete address so that our carrier can locate you.

- Please enter your mobile phone number so that they can contact you in case of a problem.

- If you cannot be present during delivery, consider using a different address, your workplace for example, or using relay points.

7.2. Delivery times

Deliveries are made according to the times indicated on the site depending on the delivery method chosen from the sending of the confirmation email for the shipment of the said Order.

In order to follow the progress of the delivery of their Order, the Customer receives an email at the time of shipment of the Product ("Departure of the Product from our Warehouse or those of our Suppliers").

The times mentioned on the Product sheet indicate the maximum product delivery time in days.

In the event of non-receipt of a package within the indicative deadlines, the Customer can contact Customer Service who will determine the cause of the delay and communicate it to the Customer. If necessary, UNIVERS DU PRO will open an investigation into the routing of the product with the Carrier concerned.

In the event of a delay exceeding 30 days, the customer may request the resolution of the contract in accordance with the provisions of the Consumer Code.

In the event of shortage or damage, the recipient must immediately make reservations with the carrier

7.3. Special cases

UNIVERS DU PRO does not deliver to the DROM-COM, the Americas, Oceania, Asia, Africa, and certain countries outside the European Union. Any order placed for these destinations indicating the country "France" will be refused.

Article 8 – Right of withdrawal and Right of return

8.1. Period and conditions of exercise

In accordance with Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from receipt of the Order to exercise their right of withdrawal, without having to justify reasons or pay penalties.

To exercise this right, the Customer must notify their decision to withdraw by means of an unambiguous statement (by email or by postal mail) or by using the withdrawal form provided in the appendix to these General Terms and Conditions of Sale.

8.2. Return of products and refund

The Customer must return the products to UNIVERS DU PRO - PROWELTEK, 101 Rue Louis Armand Hexapole, 73420 MÉRY, without undue delay and, in any event, no later than fourteen (14) days after communicating their decision to withdraw.

The direct costs of returning the products are the exclusive responsibility of the Customer. For products that cannot normally be returned by La Poste due to their nature, weight (over 30 kg), or volume, the cost of return by a carrier organized by the Customer remains their responsibility. For information purposes only, this cost is estimated at a maximum of approximately €250 incl. VAT depending on the weight, volume of the product, and geographical location.

Products must be returned in their original packaging, complete (accessories, manuals...). The Customer's liability is only engaged with respect to the depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of the product. In case of degradation or if elements are missing, UNIVERS DU PRO reserves the right to apply a discount on the refunded amount.

8.3. Exceptions to the right of withdrawal

In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for supply contracts for:

- Goods made to the consumer's specifications or clearly personalized.

- Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

- Certain specific gas products if they have been unsealed and pose a safety risk.

Article 9 – General information

9.1. Warranty and national after-sales service

All products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code, and the legal guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

9.1.1. Legal guarantee of conformity

The Seller is bound to deliver goods in conformity with the contract and is liable for any lack of conformity existing upon delivery of the product. In the event of a lack of conformity, the Customer has the right to choose between repair and replacement of the goods.

However, the Seller may not proceed according to the Customer's choice if the requested compliance is impossible or involves disproportionate costs with regard to the other modality.

The Customer is exempted from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the goods (this period is 12 months for second-hand goods).

9.1.2. Guarantee against hidden defects

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this hypothesis, they can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

9.1.3. Summary box of consumer rights (Legal obligation)

9.2. Conditions for 1 for 1 take-back

Since January 1, 2022, under the AGEC law (Anti-Waste and Circular Economy), the sale of certain products offered on the UNIVERS DU PRO site entails the possibility for the customer to request the free take-back of their "equivalent" used product. The goal is to collect and recycle used products by giving them a second life or recycling them appropriately.

9.2.1. What is it?

Distributors must also organize the take-back of old products for certain types of products:

- electrical and electronic equipment (in force)

- furnishing elements, contents and containers of chemical products, and single-use combustible gas cartridges from January 1, 2022

- toys, sports and leisure articles as well as DIY and garden articles from January 1, 2023.

UNIVERS DU PRO is a member of several eco-organizations to declare and pay contributions for WEEE, packaging, DIY and garden articles, furnishing elements, sports and leisure articles, and batteries:

Unique identification numbers:

- WEEE: FR032378_05J0DM at Ecologic

- Packaging: FR223935_01YBFY at Léko

- DIY and garden articles: FR223935_14ZRDK at Ecologic and Eco Mobilier

- Furnishing elements: FR032378_10UY4G at Eco Mobilier

- Sports and leisure articles: FR223935_13LPSY at Ecologic

- Batteries: FR032378_06TUSS at Corepile

9.2.2. How does it work?

Different solutions are available to you:

- You can drop off your electrical and electronic equipment at one of the collection points organized by our eco-organization.

- You can go to the recycling center closest to you.

- You can use the "bulky waste" service if it is organized by your town hall.

- You can request a take-back at a collection point for products over 30Kg (take-back terms depending on each collection point).

To allow the recycling of your products, UNIVERS DU PRO offers you the "1 for 1" take-back of your electrical and electronic equipment: we take back your old product for free upon purchase of a product of the same type (example: take-back of your corded drill for the purchase of another corded drill). You just need to indicate this when ordering via email.

Article 10 – Liability

The Seller cannot be held liable:

- for improper installation of products;

- for non-compliance with current standards by the user;

- for use not in accordance with the instructions.

For gas and heating equipment, installation must be carried out by a qualified professional when required by regulations. The Seller's liability cannot be engaged in the event of non-compliant installation.

Article 11 – Personal data and GDPR

The information collected by UNIVERS DU PRO during any Order by a Customer is strictly necessary for the proper management of this Order and the improvement of commercial relations.

The Seller undertakes to treat this data confidentially and in strict compliance with the General Data Protection Regulation (GDPR) n°2016/679 and the amended Data Protection Act n°78-17.

In accordance with the regulations in force, the Customer has the following rights over their personal data:

- Right of access and rectification;

- Right to erasure (right to be forgotten) and to object;

- Right to restriction of processing and to data portability.

The Customer can exercise these rights by contacting the Seller by email or by post to: UNIVERS-DU-PRO.com - 37 AVENUE DES MASSETTES, 73190 CHALLES-LES-EAUX. In case of reasonable doubt as to the identity of the applicant, a copy of a valid identity document may be requested.

Furthermore, the Customer can at any time consult or modify their contact data directly by consulting the "My account" section on the Site.

If the Customer considers, after having contacted the Seller, that their "Data Protection" rights are not respected, they may submit a complaint to the CNIL.

For more information on the management of your data, we invite you to consult ourPersonal Data Protection policy.

Article 12 – Consumer mediation

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer has the possibility of resorting free of charge to a consumer mediator in the event of a dispute which could not have been resolved directly with the services of UNIVERS DU PRO.

The Customer can contact the mediator designated below:

- Name of the mediator: CM2C (Consumer Mediation Center of Justice Conciliators)

- Postal address: 49 rue de Ponthieu, 75008 PARIS

- Telephone: 01 89 47 00 14

It is recalled that mediation is only possible if the Customer has previously attempted to resolve their dispute directly with the Seller through a written complaint.

Article 13 – Applicable law

These general terms and conditions of sale of UNIVERS DU PRO are governed, executed, and interpreted in accordance with French law. They are initially drafted in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in the event of a dispute.

In the event of a dispute or complaint, the Customer will priority contact the Seller to obtain an amicable solution. The Customer is also informed of the possibility of using mediation (see Article 12).

Failing an amicable agreement, any dispute relating to the validity, interpretation, or execution of these general conditions will be submitted to the competent courts under common law conditions. In accordance with Article R. 631-3 of the Consumer Code, the consumer Customer may choose to bring the matter, in addition to one of the territorially competent courts under the Code of Civil Procedure, before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.

In the event that one of the provisions of the general conditions is considered illegal or unenforceable by a court decision, the other provisions of said conditions will remain in force.

APPENDIX 1: Withdrawal form template

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

For the attention of:

UNIVERS DU PRO - PROWELTEK

101 Rue Louis Armand Hexapole, 73420 MÉRY

Tel: (+33) 4 58 17 49 47

I hereby notify my withdrawal from the contract relating to the sale of the goods below:

Order N°:

Ordered/received on:

Name - Surname:

Address:

Signature of the consumer (only in case of notification of this form on paper):

Date: