ARTICLE 1. DEFINITIONS
The terms used below have the following meanings in these General Terms and Conditions :
- « CUSTOMER » : means the SELLER's co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the CUSTOMER is acting outside of any usual or commercial activity.
- « DELIVERY » : means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when the order was placed.
- « PRODUCTS » : refers to all products available on the SITE.
- « TERRITORY » : refers to mainland FRANCE (excluding DOM/TOM).
ARTICLE 2. PURPOSE
These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to read these General Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
These General Terms and Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CUSTOMER is invited to read, download and print the General Terms and Conditions carefully and to keep a copy.
The SELLER advises the CUSTOMER to read the General Terms and Conditions each time a new order is placed, as the latest version of the said Terms and Conditions will apply to all new orders for PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
ARTICLE 4. PURCHASING PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.
The CUSTOMER will be asked to provide identifying information by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CUSTOMER's order. The CUSTOMER can check the status of their order on the SITE. Where applicable, DELIVERIES can be tracked using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at email@example.com to obtain information on the status of his/her order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER may then add as many PRODUCTS to his/her basket as he/she wishes.
Once the PRODUCTS have been selected and placed in the CUSTOMER's shopping basket, the CUSTOMER must click on the basket and check that the contents of the order are correct. If the CUSTOMER has not already done so, they will then be invited to identify themselves or to register.
Once the CUSTOMER has validated the contents of the shopping basket and identified/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the content of his/her order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS.
on the SITE and provide all the information required for invoicing and DELIVERY of the PRODUCTS.
The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address given on the registration form is correct.
The SELLER does not send order confirmations by post or fax.
During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
Le CLIENT doit également préciser le moyen de paiement choisi.
Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.
5.3. Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only start to run from this date.
For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, inclusive of all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
In particular, prices include value added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may affect the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid unless there is a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
The trader undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel its order for unavailable PRODUCTS, it will obtain reimbursement of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the "Withdrawal Policy", which is available in Annex 1 hereto and can be accessed at the bottom of each page of the SITE via a hypertext link.
ARTICLE 7. PAYMENT
7.1. Payment methods
The CUSTOMER may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he/she holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In the case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first parcel is dispatched. If the CLIENT decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these Terms and Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. EVIDENCE AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.
ARTICLE 10. LIVRAISON
The terms and conditions for DELIVERY of PRODUCTS are set out in the "Delivery Policy" referred to in Annex 2 hereto and accessible at the bottom of each SITE page via a hypertext link.
ARTICLE 11. PACKAGING
Les PRODUITS seront emballés conformément aux normes de transport en vigueur, afin de garantir une protection maximale des PRODUITS pendant la LIVRAISON. Le CLIENT s'engage à respecter les mêmes normes lors du retour des PRODUITS dans les conditions prévues à l'Annexe 1 - Politique d'annulation.
ARTICLE 12. GUARANTEES
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code.
Article 12.1. Garantie de conformité
Article L. 217-4 du Code de la consommation : «Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité».Article L.217-5 du Code de la consommation : « Le bien est conforme au contrat : 1° S'il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant : - s'il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ; - s'il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ; 2° Ou s'il présente les caractéristiques définies d'un commun accord par les parties ou est propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté ».
Le VENDEUR est susceptible de répondre des défauts de conformité existants lors de la délivrance et des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge ou a été réalisée sous sa responsabilité.
L’action résultant du défaut de conformité se prescrit par deux (2) ans à compter de la délivrance du PRODUIT (Article L.217-12 du Code de la consommation)
En cas de défaut de conformité, le CLIENT pourra demander le remplacement ou la réparation du PRODUIT, à son choix. Toutefois, si le coût du choix du CLIENT est manifestement disproportionné au regard de l’autre option envisageable, compte tenu de la valeur du PRODUIT ou de l’importance du défaut, le VENDEUR pourra procéder à un remboursement, sans suivre l’option choisie par le Client.
Dans l’hypothèse ou un remplacement ou une réparation serait impossible, le VENDEUR s’engage à restituer le prix du PRODUIT sous trente (30) jours à réception du PRODUIT retourné et en échange du renvoi du PRODUIT par le CLIENT à l’adresse suivante 5 avenue maréchal Leclerc, Porto-Vecchio.
Enfin, le CLIENT est dispensé de rapporter la preuve de l’existence du défaut de conformité du PRODUIT pendant les vingt-quatre (24) mois suivant la délivrance du PRODUIT excepté pour les biens d’occasion pour lesquels ce délai est fixé à six (6) mois. (Article L. 217-7 du Code de la consommation).
Il est précisé que la présente garantie légale de conformité s’applique indépendamment de la garantie commerciale consentie, le cas échéant, sur les PRODUITS.
Article 12.2. Garantie des vices cachés
LLe VENDEUR est tenu de la garantie à raison des vices cachés du PRODUIT vendu qui le rendent impropre à l’usage auquel on le destine, ou qui diminuent tellement cet usage que le CLIENT ne l’aurait pas acquis, ou n’en aurait donné qu’un moindre prix, s'il les avait connus. (Article 1641 du Code Civil)
Cette garantie permet au CLIENT qui peut prouver l’existence d’un vice caché de choisir entre le remboursement du prix du PRODUIT s’il est retourné et le remboursement d’une partie de son prix, si le PRODUIT n’est pas retourné.
Dans l’hypothèse où un remplacement ou une réparation serait impossible, le VENDEUR s’engage à restituer le prix du PRODUIT sous trente (30) jours à réception du PRODUIT retourné et en échange du renvoi du PRODUIT par le CLIENT à l’adresse suivante 5 avenue maréchal Leclerc, Porto-Vecchio. L’action résultant des vices rédhibitoires doit être intentée par le CLIENT dans un délai de deux (2) ans à compter de la découverte du vice. (Alinéa 1er de l’article 1648 du Code Civil)
ARTICLE 13. RESPONSIBILITY
The SELLER may in no event be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, in particular during order entry.
The SELLER may not be held liable, or considered to have failed in its obligations hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, the SELLER accepts no responsibility for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
ARTICLE 14. MAJOR FORCE
The SELLER may not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCS is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In this respect, the SELLER may not be held liable in particular in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, or in the event of any circumstance or event beyond the SELLER's control occurring after the conclusion of the GTCS and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim the payment of any compensation and may not bring any action against the SELLER.
In the event of one of the aforementioned events occurring, the SELLER will endeavour to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data about its CUSTOMERS on the SITE, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders and, if the CUSTOMER has expressly chosen this option, send him or her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The SELLER will keep the CUSTOMER's data confidential for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the CUSTOMERS have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS whether they wish to receive commercial solicitations from its partners.
In accordance with Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, or RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
Customers whose personal data is processed are reminded that they have the right to access, rectify, update, port and delete information concerning them, in accordance with the provisions of articles 39 and 40 of the amended French Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of article 38 of the amended French Data Protection Act and the provisions of article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, object to the processing of data concerning him or her, without reason and at no cost.
The CUSTOMER may exercise these rights by sending an e-mail to the address: firstname.lastname@example.org or by sending a letter to 5 avenue maréchal Leclerc, Porto-Vecchio.
It is specified that the CUSTOMER must be able to prove his/her identity, either by scanning an identity document, or by sending the SELLER a photocopy of his/her identity document.
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" on the following number: 0979231598 (not surcharged). Any written complaint from the CUSTOMER must be sent to the following address: 5 avenue maréchal Leclerc, Porto-Vecchio.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorisation from the SELLER in writing.
Under no circumstances will the SELLER's authorisation be granted on a permanent basis. This link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its content, by any means whatsoever, without the prior express authorisation of the SELLER, is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these GTCS implies recognition by the CUSTOMER of the SELLER's intellectual property rights and an undertaking to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Under no circumstances does such a modification or decision authorise CLIENTS to disregard these General Terms and Conditions.
All terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online.
The General Terms and Conditions are dated precisely and may be amended and updated by the SELLER at any time. The General Terms and Conditions applicable are those in force at the time the order is placed.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION.
However, prior to any recourse to an arbitral or state court, the Customer is invited to contact the SELLER's complaints department.
If no agreement is reached or if the CUSTOMER proves that he/she has previously attempted to resolve his/her dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute arising in connection with this contract, including any dispute relating to its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: Jean Jacques Bacci, whose contact details are: email@example.com and who may be contacted via this link: mailto:firstname.lastname@example.org .
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
Since mediation is not compulsory, the CUSTOMER or SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
The principle of withdrawal
In principle, the CUSTOMER has the right to withdraw by returning or returning the PRODUCT to the SELLER.
To do so, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days of the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT has ordered several PRODUCTS in a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise their right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to : 5 avenue maréchal Leclerc, Porto-Vecchio or email@example.com.
Alternatively, you can use the form below :
FORMULAIRE DE RETRACTATION
A l'attention de : midorinoshima
Numéro de téléphone du VENDEUR : 0979231598
Numéro de télécopieur du VENDEUR :
Adresse de courrier électronique du VENDEUR* :
Je vous notifie par la présente ma rétractation du contrat portant sur la vente du PRODUIT ci-dessous :
Référence du PRODUIT
N° de la facture :
N° du bon de commande :
- Commandé le [________________]/reçu le [________________]
- Moyen de paiement utilisé :
- Nom du CLIENT et le cas échéant du bénéficiaire de la commande :
- Adresse du CLIENT :
- Adresse de livraison :
- Signature du CLIENT (sauf cas de transmission par courriel)
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the choice by the CUSTOMER of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER receives the returned PRODUCT.(Article L.221-24 of the French Consumer Code).
The SELLER will make the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, and in any event, this refund will not incur any costs for the CUSTOMER.
The SELLER is not obliged to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive method of delivery than the standard method offered by the SELLER.
The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the goods to : 5 avenue maréchal Leclerc, Porto-Vecchio.
This period is deemed to have been respected if the CLIENT returns the goods before the fourteen (14) day period has expired.
The CLIENT shall bear the direct cost of returning the good.
In the event that the weight of the PRODUCT prevents the CLIENT from returning the PRODUCT by post, the CLIENT shall bear the direct costs of returning the good.
Condition of returned goods
The PRODUCT must be returned in accordance with the SELLER's instructions and include, in particular, all accessories delivered.
The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT but may be held liable if it carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalised
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspapers, periodicals, magazines (except subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car hire, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY.
- the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and the actual value of which depends on market fluctuations beyond the SELLER's control
- Supply of digital content not supplied dematerialised if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
- contracts concluded at a public auction
The PRODUCTS offered can only be delivered within the TERRITORY.
It is not possible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are sent to the delivery address(es) that the CLIENT will have indicated during the ordering process.
The lead times for preparing an order and then issuing an invoice, prior to dispatch of PRODUCTS in stock, are indicated on the SITE. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CUSTOMER when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and methods for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the WEBSITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the French Consumer Code).
Terms of DELIVERY
The parcel will be delivered to the CUSTOMER upon signature and presentation of proof of identity.
In the event of absence, a delivery notice will be left for the CUSTOMER to pick up the parcel at the post office.
The CUSTOMER is informed of the delivery date when he/she chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may cancel the contract.
The SELLER will refund, without undue delay from receipt of the letter of cancellation, to the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery charges, by means of the same payment method used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.