GENERAL CONDITIONS OF SITE ONLINE SALE
Article 1 - Presentation of the site
Editor :
This site https://www.lescarpolette.fr/ is published by the company "ETABLISSEMENT MARCHAND", a simplified joint stock company, (331 945 063 RCS Niort), located at ZA de la Vallée, Rue des Vallées, 79140 Combrand, ci -after designated by its trade name "L'Escarpolette".
Publication Director:
The director of the publication is Mr. Xavier DELACROIX, President.
Responsible for hosting:
The technical hosting of the Site is provided by Prestashop.
Article 2- General provisions relating to these general conditions of sale (hereinafter the GTC)
2. 1. Purpose of the GTC
The T & Cs are applicable exclusively to the sale of Escarpolette products on the site https://www.lescarpolette.fr/ (hereinafter the site), access to which is free and open to all Internet users.
2. 2. Scope of the GTC
The GTC exclusively govern the online sales contracts of products marketed by L'Escarpolette, (hereinafter professional seller) to buyers having the status of consumers (hereinafter consumer or customer) and together with the online order constitute the contractual documents. enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which are only indicative.
The GTC are exclusively applicable to products delivered to consumers established in mainland France (excluding coastal islands and overseas departments and territories), including Corsica and Monaco.
The product and price offers are valid, while stocks last, as long as they are visible on the site.
In addition to the photographs reproduced and illustrating the products presented, the customer is invited to consult the description of each product to know its characteristics.
The T & Cs are drawn up as well as all the contractual information mentioned on the site in French.
2. 3. Availability and enforceability of the GTC
The GTCS are made available to consumers on the seller's site where they can be consulted directly and can also be communicated to him on request by telephone, email or post.
The GTC are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, to have read and accepted them before placing an order.
The validation of the order by its confirmation implies acceptance by the buyer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the civil code (former C. civ., art. 1369-4).
2. 4. Modification of the GTC
The professional seller reserves the right to modify its T & Cs at any time.
In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date can be given to the consumer at his request.
2. 5. Clauses of the GTC
The nullity of a contractual clause does not entail the nullity of the GTC.
The temporary or permanent non-application of one or more clauses of the GTC by the professional seller cannot constitute a waiver on his part of the other clauses of the GTC which continue to produce their effects.
Article 3- products
3. 1. Features
The photographs illustrating the products do not constitute a contractual document.
3. 2. Compliance
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
The products comply with the requirements of French law in force at the time of their placing on the market.
3. 3. Availability of stocks
The products are offered for sale and delivered within the limits of available stocks.
In case of unavailability of the ordered product, the seller immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a purchase voucher for the amount of the order usable for very next order.
If the buyer disagrees, the seller reimburses the sums paid within one (1) month.
Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
Article 4- Price
4. 1. Sale price
The selling prices are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The selling price of the products does not include the shipping costs invoiced in addition to the price.
In the event of price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
4. 2. Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
4. 3. Fees
The additional costs of transport, delivery or postage which the customer was able to take cognizance of before the order, are fixed on the order form.
Article 5- Offer
5. 1. Domain
The online sales offers presented on the site are reserved for consumers residing in mainland France including Corsica (excluding coastal islands and overseas departments and territories) as well as in Monaco and for deliveries to these same geographical areas.
5. 2. Duration
The online sales offers presented on the site are valid, in the absence of a specific duration indication, as long as the products appear in the electronic catalog and within the limits of available stocks.
5. 3. Acceptance
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Article 6- Order
6. 1. Stages of conclusion of the contract
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to the delivery and the method of payment.
Before clicking on the "Confirm order" button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Confirmation of the order implies acceptance of the GTC and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
All new customers must complete the fields offered to them to create their customer account after having clicked on the "Validate basket" button. The customer must accurately complete the form made available to him, on which he will mention in particular the information necessary for his identification, including a valid e-mail address and a password of his choice, which will later be used to identify himself on the site.
The password chosen by the customer (must be at least 8 characters long, include upper and lower case letters, numbers and special characters. It will be personal and confidential.
Any customer who already has a customer account must identify themselves after clicking on the "Order" button, by entering their email address and password.
The provision of personal data collected in the context of distance selling is mandatory in that this information is necessary for the processing and delivery of orders, as well as for the preparation of invoices. This information is strictly confidential.
6. 2. Order modification
Any modification of an order by the consumer after confirmation of his order is subject to acceptance by the professional seller.
The professional seller reserves the right to make changes to the product ordered which are linked to technical development under the conditions provided for in Article R. 212-4 of the Consumer Code (former C. consom., Art. R. 212-4, V).
6. 3. Confirmation of the order
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the status of consumers.
Article 7- Contract
7. 1. Conclusion
The sales contract is formed when the consumer sends the confirmation of his order.
7. 2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code (former C. civ., Art. 1348). These communications, purchase orders and invoices can be produced as proof of the contract.
7. 3. Resolution
The order can be resolved by the buyer by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:
· Delivery of a product that does not conform to the declared characteristics of the product;
· Delivery exceeding the deadline set in the order form or, failing such a date, within thirty days of the conclusion of the contract, after the seller has been ordered, under the same terms and without result, d '' make delivery within a reasonable additional time;
· A price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the buyer can demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be resolved by the seller in the event of:
· Refusal of the buyer to take delivery;
· Non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the price paid to the order remains acquired by the seller as compensation.
Article 8- Payment
8. 1. Payability
The price is payable in full after confirmation of the order.
With the exception of the sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in Article 3.3 of the GTCS, any sum paid in advance on the price produces interest at the legal rate at the expiration of '' a period of three months from the payment until the delivery of the product or, failing that, the return of the amount paid on the order.
The customer will pay for his order by credit card (credit card, Visa, Eurocard / Mastercard, American Express) in accordance with the provisions of this article.
To pay for his order by bank card, the buyer must send the name of the card holder, the number of his bank card and, depending on the type of the latter, the expiration date of the latter as well as the security code number. (3-digit number on the back of their bank card).
The card is only debited, at the earliest, at the time of finalizing the preparation of the order. In any event, the amount debited will correspond to the product (s) actually shipped by L’Escarpolette.
It is specified that to make payment by credit card, the buyer has been automatically transferred to an electronic payment server.
8.2. Secure payment
The server is secured by SSL (Secure Socket Layer) encryption so as to protect as effectively as possible all data related to means of payment, and so that, at no time, the Buyer's banking data do not pass through the computer system of L’Escarpolette.
Article 9 - Home delivery
9.1. Delivery time
For products indicated as being in stock on the site, L’Escarpolette will deliver the order within 15 working days of payment of the order by the buyer. It is specified that orders registered on the Site on Friday afternoon, Saturday or Sunday are processed the following Monday. Orders registered on a public holiday are also processed on the following working day.
The products ordered by the buyer are delivered only in mainland France (excluding overseas departments and territories), to the address indicated by the buyer, accompanied by a delivery slip for a lump sum contribution to the delivery costs. The buyer has the option of having the products delivered to an address other than his own. Delivery will not be guaranteed in the event of force majeure.
L’Escarpolette cannot be held liable in particular because of a subsequent change of address by the purchaser that has not been notified to him or an error in the contact details of the purchaser communicated by the latter.
When the ordered product is not delivered or the service is not provided on the date or at the expiration of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the seller to perform his obligation to delivery within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.
9. 2. Delay in delivery
When the ordered product is not delivered or the service is not provided on the date or at the expiration of the period mentioned on the order form, the consumer may, after having unsuccessfully enjoined the seller to perform his obligation to delivery within a reasonable additional time, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.
9. 3. Terms of delivery
Home delivery
When the product is delivered to the address indicated on the order form by a carrier, it is the buyer's responsibility to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to make reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the seller.
9. 4. Product conformity
If the product does not comply with the order, the consumer must send a complaint to the professional seller with a view to obtaining the replacement of the product or possibly the resolution of the sale.
9. 5. Unavailability of products
In the event of unavailability of products on delivery, the professional seller may offer, under the conditions provided for in Article 3.3 of the GTC, a product equivalent in terms of quality and price.
9. 8. Failure to deliver
The total lack of delivery entails the automatic termination of the sales contract.
9. 9. Delivery and transfer of risk
The risks of loss or damage to the goods are transferred to the consumer at the time he takes, or a third party he has designated, physically possession of the goods, without distinction according to its nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk.
Article 10 Right of withdrawal
In accordance with Article L.221-28.3 ° of the Consumer Code, the right of withdrawal cannot be exercised concerning products made according to the consumer's specifications or personalized products. The buyer will therefore not be able to exercise his right of withdrawal for personalized products.
Exercise of the right of withdrawal
The buyer has a period of fourteen (14) days to exercise his right of withdrawal and return at his expense and without reason, the product (s) he has ordered (excluding personalized products).
This period starts from the date of delivery of the products to the delivery address indicated by the buyer (and in the absence of the latter, from the date of first presentation of the package containing the products).
The Purchaser shall inform L'Escarpolette of his decision to withdraw by sending him, before the expiry of the aforementioned period, the withdrawal form available on the site in the "Returns" section or any other unambiguous declaration expressing his wish to withdraw by post to the following address: L'Escarpolette ZA de la Vallée, Rue des Vallées, 79140 Combrand, or by email to the following address contact@lescarpolette.fr.
Model withdrawal form: :
For the attention ofÀ l’attention de L’Escarpolette, [ZA de la Vallée, Rue des Vallées, 79140 Combrand]:
I / We (1) notify you / notify (1) hereby my / our (1) withdrawal from the contract for the sale of the good (1) / for the provision of service (1) below
Ordered on (1) / received on (1)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(1) Delete the unnecessary mention.
Return of the Product (s) within the framework of the exercise of the right of withdrawal (excluding personalized products)
The product(s) must be returned by the customer to L'Escarpolette no later than fourteen (14) days following the communication by the customer of his decision to withdraw, within its (their) packaging and its (their) original packaging (which may have been opened), unused, unwashed at the following address: L'Escarpolette,ZA de la Vallée, Rue des Vallées, 79140 Combrand.
The returned product (s) must be accompanied by the delivery slip received in the package or the invoice received by e-mail when the package is shipped.
Refund of the returned Product (s) as part of the exercise of the right of withdrawal
If the aforementioned conditions are met, L’Escarpolette will reimburse the customer for the total amount of his order (excluding personalized products), being understood by the costs of returning the products which remain the responsibility of the purchaser. This reimbursement will be made no later than fourteen (14) days from the date on which L’Escarpolette was informed of the buyer's decision to withdraw.
However, in the absence of receipt by L'Escarpolette, within this period, of the returned products or proof of their shipment by the customer, reimbursement of the products will then be deferred to the first of these two dates: receipt by L'Escarpolette products or receipt by L'Escarpolette of proof of shipment of the products by the customer.
Article – 11 Guarantee
All products benefit from legal guarantees, provided that they have been used normally and that the maintenance advice has been followed.
Legal guarantee of delivery conform
In accordance with Article L217-4 of the Consumer Code, the seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Pursuant to Article L217-5 of the Consumer Code, the goods comply with the contract:
1° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Legal guarantee against hidden defects
In accordance with Article 1641 of the Civil Code, the seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
In the event of a legal guarantee of conformity action:
- The action resulting from the lack of conformity is prescribed by (2) two years from the delivery of the goods (Article L217-12 of the Consumer Code).
- In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. (Article L217-9 of the Consumer Code)
- Conformity defects which appear within (24) twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (Article L217-7 of the Consumer Code).
In the event of implementation of the guarantee against hidden defects:
- The buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned, as it will be arbitrated by experts (Article 1644 of the Civil Code).
- The action resulting from latent defects must be brought by the purchaser within (2) two years from the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).
In the event of a finding of non-conformity or of a defect affecting one or more Product (s) within the aforementioned deadlines, the Purchaser may return the products to L'Escarpolette at the following address: L’Escarpolette , [n°16 avenue de Carbonelle 04860 Pierrevert].
If the aforementioned conditions are met, L'Escarpolette will exchange the Product (s) showing such defects of conformity or proven defects and the origin of which is attributable to L'Escarpolette or will reimburse the Buyer. the amount of such Product (s), as well as the cost of returning the products paid by the Buyer, if applicable.
Article – 12 Miscellaneous provisions
12.1. Web beacons
Certain web pages of the site may contain web beacons which make it possible to count the number of visitors to the site and / or to provide with a certain number of indicators.
These web beacons may be used with some of our partners, in particular to measure and improve the effectiveness of the site and the application.
In any case, the information obtained via these web beacons is strictly anonymous and simply allows statistics to be gathered on the number of visits to certain pages of the site and of the application, in order to better serve the customers of our site and of our app.
12.2. Force majeure
L'Escarpolette will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the customer or from a case of force majeure (Article 1218 of the Civil Code).
L'Escarpolette will notify the customer of an event constituting force majeure, within 5 working days of its occurrence.
The Parties agree to consult as soon as possible in order to determine the methods of processing the order for the duration of the case of force majeure.
Beyond a period of (one) 1 month of interruption due to force majeure, the Parties will be released from their obligations towards each other. Where applicable, L’Escarpolette will reimburse the purchaser for the amount of his order as soon as possible.
12.3. Entire contract
These general conditions of sale and the order confirmation sent by L’Escarpolette to the buyer form a contractual whole recapitulating all the agreements between the Parties.
12.4. Conservation and archiving of transactions
The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
12.5. Intellectual property
All texts, comments, works, illustrations, images and brands reproduced on the site are reserved under copyright as well as industrial property and for the whole world.
As such and in accordance with the provisions of the intellectual property code, only use for private use is authorized, subject to different or even more restrictive provisions of the intellectual property code.
Any total or partial reproduction of the site https://www.lescarpolette.fr/ as well as in particular of the French semi-figurative trademark registered under the number 4438810 is strictly prohibited without prior agreement.
12.6. Management of personal data
In accordance with the amended law n ° 78-17 of January 6, 1978 (known as the “Data Protection Act”) and the General Data Protection Regulation 2016/679 of April 27, 2016 (“RGPD”), personal data concerning customers are subject to computer processing by L’Escarpolette acting as data controller to: carry out operations relating to the management of commercial relations in the context of the supply of products, facilitate the identification of customers in as part of their delivery, inform customers of any possible changes made to L'Escarpolette products and services, and improve them.
The customer's personal data is stored either in L’Escarpolette's databases or in those of its service providers, which are located within the European Union.
This data is kept for the period strictly necessary for the accomplishment of the purposes mentioned above. All of these processing times and methods are described in the site's GDPR charter.
Anyone has a right of access, rectification, portability, erasure of their personal data or a limitation of their processing, the right to oppose the processing of their data for legitimate reasons and the right to withdraw his consent at any time. Finally, everyone has the right to lodge a complaint with a supervisory authority and to define guidelines relating to the fate of their personal data after their death.
These rights can be exercised by email to the dedicated address: contact@lescarpolette.fr or by mail to L'Escarpolette, [ZA de la Vallée, Rue des Vallées, 79140 Combrand] where applicable, to the justification of the identity of the person concerned.
10.7. Applicable law - Competent courts - Mediation
According to articles L 611-1 et seq. Of the Consumer Code, the customer has the right to have recourse free of charge (except for possible legal and expert fees) to a consumer mediator with a view to the amicable resolution of a dispute. dispute between him and L’Escarpolette.
L'Escarpolette is a member of the FEVAD e-commerce mediator service (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie –75008 Paris –http://www.mediateurfevad.fr.
After consumers have made a prior written request to L’Escarpolette, the Mediator's Service can be referred to any consumer dispute for which the settlement has not been successful.
Since February 15, 2016, the European Commission's amicable dispute resolution online platform has been open to the public.
Any consumer who encounters a dispute with a company located in the territory of the Union has the possibility to submit a request for mediation through this European platform.http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm.
These general conditions of sale are subject to French law.
In the event of a persistent disagreement on the application, interpretation and execution of these presents, and in the absence of an amicable agreement, any dispute will be subject to the competent French courts.
