GENERAL CONDITIONS OF SALE UPDATED ON NOVEMBER 30, 2018
Preamble
Article 1 - Purpose of the Site
Article 2 - Object of the General Conditions of Sale
Article 3 - Products
Article 4 - Rates
Article 5 - Creation of a customer account
Item 6 - Method of subscribing to orders and description of the purchasing process
Article 7 - Price and terms of payment
Article 8 - Deliveries
Article 9 - Right of withdrawal & withdrawal form
Item 10 - Product Warranty. (reproduction of texts)
Section 11 - Customer Service
Article 12 - Liability
Article 13 - Intellectual property rights
Article 14 - Independence of clauses
Article 15 - Applicable law and mediation
Preamble :
Definitions.
In the remainder of this document, we will designate:
" Site » : website http://www.boutique-iledere.com and all of its pages. “Products” or “Services”: all the products (materials) and services (services) that can be purchased or subscribed to on the Site.
" Seller “: THE BOUTIQUE ILE DE RE, legal or natural person, offering its Products or Services on the Site.
" Customer “: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
" Consumer “, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity”.
" Basket » the intangible object grouping together all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements.
Article 1 - Purpose of the Site.
1.1 This Site offers the online sale of local products and Gift Boxes from the Île de Ré. The Site is open and free to all Consumers.
1.2 The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
Article 2 - Object of the General Conditions of Sale.
2.1 These general conditions of sale define the contractual relations between LA BOUTIQUE ILE DE RE, Sole Proprietorship, registered with the RCS of La Rochelle under number 503024259, whose registered office is located at 1BIS RUE DU HAVRE - 17590 - ARS EN RE, ( hereinafter “LA BOUTIQUE ILE DE RE”) and the Customer. They are applicable to any order placed on the website. of THE BOUTIQUE DE L'ILE DE RE.
2.2 The acquisition of a product through this site implies unreserved acceptance by the customer of these general conditions of sale which he acknowledges having read in full before placing an order on the site. He will expressly indicate his acceptance.
This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention "I have read and I accept the general conditions of sale". Ticking this box will be deemed to have the same value as a handwritten signature from the Client.
2.3 The Customer acknowledges the proof value of the Vendor's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
2.4 Before any transaction, the customer declares on the one hand that the purchase of products on the site
THE ILE DE RE BOUTIQUE is not directly related to its professional activity and is limited to strictly personal use and, on the other hand, has full legal capacity, allowing it to engage under these general conditions of sale.
2.5 If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
2.6 The Seller reserves the right to modify the GCS at any time in order to comply with any new applicable regulations or in order to improve the use of its site.
Consequently, the applicable conditions will be those in force on the date of the order by the customer. The date of the last update appears distinctly at the end of these conditions.
Article 3 - Products.
3.1 The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.
3.2 The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
3.3 The sale of the products presented on the LA BOUTIQUE ILE DE RE site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Article 4 - Rates.
4.1 Unless otherwise stated, the prices appearing in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
4.2 BOUTIQUE ILE DE RE reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
4.3 The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 5 - Creation of a customer account.
5.1 The creation of a “customer account” is a prerequisite for any Customer order on this Site.
To this end, the Customer will be asked to provide a certain amount of personal information such as : his surname and first name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information.
5.2 The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change.
5.3 The Customer is solely responsible for the veracity, accuracy and relevance of the data provided. The Customer registered on the Site has the possibility of accessing it by logging in using his identifiers (e-mail address defined during his registration and password) or possibly by using systems such as third-party network connection buttons social.
5.4 The Customer is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the Customer has the option of generating a new one.
This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
5.5 The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only a character informative.
The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they have only an informative character intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
5.6 The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example having any exhaustive character, when the Customer has knowingly provided erroneous information, when registering and of the creation of his personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts justify it.
Item 6 - Method of subscribing to orders and description of the purchasing process
6.1 In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the content of which may be modified at any time. As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
6.2 If he wishes to validate his order, the Customer must first tick the box relating to the express acceptance of the General Conditions of Sale and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. He will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order.
6.3 All orders placed on the Site must be duly completed and must specify the necessary information. The Customer may make changes, corrections, additions, or cancel the order, and this, until the validation thereof.
6.4 As soon as the Customer has completed the order form, he will be invited to make his payment with the means of payment listed in the section of these GCS relating to payments.
6.5 After validation of all the steps, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof.
6.6 The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 7 - Price and terms of payment.
7.1 The Customer can place an order on this Site and pay by credit card, bank check or bank transfer.
· Credit card payments are made through secure transactions provided by an online payment platform provider (Paypal). This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving payment from the Client.
· For payment by check, the Customer must print his order form and return it accompanied by the bank check made out to the order of the Seller. Only checks issued by a French bank will be accepted. Upon receipt of the check, the order will be processed and the buyer will be informed by email. The BOUTIQUE DE L'ILE DE RE will ship the products at the earliest 2 working days after cashing the check corresponding to the order, subject to provisions.
· For a payment by bank transfer, the delivery times defined in the "Deliveries" article of these GCS only begin to run from the date of effective receipt of payment by the Seller, the latter being able to provide proof of this by any means .
7.2 The availability of the Products is indicated on the Site, in the description of each Product. THE ILE DE RE BOUTIQUE will archive purchase orders and invoices on a medium reliable and durable constituting a faithful copy. The computerized registers are considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 8 - Deliveries.
8.1 The Site has no geographical limitation of delivery. Orders can be shipped in Metropolitan France, in the DOM-TOMs and anywhere in the world.
8.2 Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. The delivery costs will be calculated and indicated to the Customer before any payment.
8.3 In the event of delivery of a Product outside the territory of the European Union and in the DOM-TOM, the Customer will declare himself as importer of the Product and will accept that in such a case the Seller will be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
8.4 Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the sales contract. with the customer.
8.5 At the time of delivery, the Customer may refuse it if he notices that the package has been damaged during transport. If he finds an anomaly (broken product, missing or not in accordance with his expectations) after having received his order, the Customer must contact the Seller to inform him of the problem in order to find an amicable settlement. The Seller is solely responsible for the proper execution of the order vis-à-vis the customer.
8.6 If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order.
8.7 If the Customer has mistakenly refused the parcel, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
8.8 In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition.
8.9 Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
8.10 Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, if no date or deadline is indicated when ordering, greater than thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Consumer Customer, at his written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he has not complied .
8.11 The Consumer Customer will be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 9 - Right of withdrawal & withdrawal form.
9.1 In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of his order. or the conclusion of the contract for the provision of services, to exercise his right of withdrawal.
9.2 He may return any Product that does not suit him, ask for an exchange or a refund, without penalty, with the exception of return costs, subject to fourteen days (14 days) from the receipt by the BOUTIQUE-ILEDERE.COM Site of the refund request.
9.3 The goods must be returned in perfect condition. If necessary, it must be accompanied by all its accessories.
9.4 The Consumer Customer will find below a standard withdrawal form for an order placed on the Site, to be sent to BOUTIQUE-ILEDERE.COM, 1bis rue du Havre 17590 ARS en RE.
9.5 The costs of returning the goods will be borne by the Customer in the event of withdrawal, as well regarding the cost of returning the Product if it, due to its nature, cannot normally be returned by post.
9.6 If the previous operations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense. It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.
9.7 Reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another method of payment, and insofar as the reimbursement does not give rise to costs for the Customer.
9.8 The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has reshipped the Product, if such a demonstration has not taken place previously. .
9.9 In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
Provision of a withdrawal form
In accordance with article L221-5 of the Consumer Code, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
To contact us : standard form to be sent to us by e-mail or postal letter:
To the attention of : THE ILE DE RE SHOP, EI, 1BIS RUE DU HAVRE - 17590 - ARS EN RE
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of Client(s):
Address of the Client(s):
Signature of the Client(s) (only in the event of notification of this form on paper):
date:
(*) Strike out the useless mention.
Withdrawal form.
Article 10 - Product Warranty. (reproduction of texts)
10.1 Legal guarantee of conformity.
Article L217-4 Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where 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 seller's attention and which the latter has accepted. »
Article L217-7 Consumer Code
“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Article L217-8 Consumer Code
“The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Article L217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good 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 L217-10 Consumer Code
“If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Article L.217-11 of the Consumer Code
“The application of the provisions of Articles L. 217-9 and L. 217-10 has place at no cost to the buyer.
These same provisions do not preclude the award of damages. »
Article L217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Complaints, requests for exchange or refund for a non-compliant Product must be made by post or by email to the address : contact@boutique-iledere.com .
10.2 Legal warranty against hidden defects.
Article 1641 Civil Code
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1644 Civil Code
“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
Article 1645 Civil Code
“If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer. »
Article 1646 Civil Code
“If the seller is unaware of the defects of the thing, he will only be bound to refund the price, and to reimburse the purchaser for the costs incurred by the sale. »
Article 1648 paragraph 1 Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect. »
Section 11 - Customer Service.
11.1 The customer service of this Site is accessible by e-mail at the following address: contact@boutique-iledere.com or by post at the address: LA BOUTIQUE ILE DE RE - 1bis rue du havre - 17590 - ARS EN RE. LA BOUTIQUE ILE DE RE also provides its Customers with telephone support to answer their questions. The helpline can be contacted by telephone on 0546375690 (non-surcharged number).
Article 12 – Liability.
12.1 The LA BOUTIQUE ILE DE RE Seller cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure.
12.2 Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise.
12.3 The choice and the purchase of a Product or a Service are placed under the sole responsibility of the Customer.
12.4 The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or the Service allows withdrawal, according to the article L 221-18 and following of the Consumer Code.
12.5 The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist.
12.6 In any event, BOUTIQUE ILE DE RE cannot under any circumstances be held liable: for any direct or indirect damage, in particular with regard to loss of profit, loss of earnings, loss of customers, data that may others result from the use of the Site, or on the contrary from the impossibility of its use; malfunction, unavailability of access, misuse, improper configuration of the Customer's computer, or the use of a browser little used by the Customer; the content of advertisements and other links or external sources accessible by Customers from the Site.
12.7 The photographs and visuals of the Products presented on the Site have no contractual nature, the responsibility of the Seller cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 13 - Intellectual property rights.
13.1 All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.
13.2 Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting.
13.3 Any Customer who is guilty of infringement would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the Seller or his agent.
13.4 This Site uses elements (images, photographs, content) whose credits go to: www.boutique-iledere.com. The trademarks and logos contained in the Site may be registered by LA BOUTIQUE ILE DE RE, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, distributions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 14 - Independence of clauses.
14.1 If any provision of the T&Cs is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
14.2 These T&Cs replace any prior or contemporaneous written or oral agreements.
14.3 The T&Cs are not assignable, transferable or sub-licensable by the Customer himself. A printed version of the T&Cs and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs.
14.4 The parties agree that all correspondence relating to these GCS must be written in French or include a certified translation into French.
Article 15 - Applicable law and mediation.
15.1 These T&Cs are governed by and subject to French law.
15.2 Except for provisions of public order, any disputes that may arise in the context of the execution of these GCS may, before any legal action, be submitted to the assessment of MEDIATION-NET Consumption , mediator of e-commerce consumption of the Site, with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided, of public order, any legal action relating to the execution of these GCS shall be subject to the jurisdiction of the courts within the jurisdiction of the place of residence of the defendant.
15.3 In accordance with the provisions of articles L 611-1 and R 612-1 and following of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the address: contact@boutique-iledere.com and he has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer mediator. The mediator must be contacted within the maximum time one year from the initial complaint.
The Site mediator is MEDIATION-NET :
It can be entered directly online at the following address: www.mediation-net-consumption.com
- or by mail MEDIATION-NET - 34, rue des Épinettes - 75017 PARIS "
"In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, below is the electronic access link to the online dispute resolution platform (ODR):
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage