Terms of Service

 

Article 1 - Definitions

In these conditions, the following terms shall have the following meanings:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.

  • Consumer: The natural person who is not acting in the course of a professional or commercial activity and who enters into a distance contract with the trader.

  • Day: A calendar day.

  • Fixed-term contract: A distance contract relating to a series of products and/or services, the delivery or purchase obligation of which is spread over time.

  • Durable medium: Any means which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

  • Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.

  • Trader: The natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: A contract concluded between the trader and the consumer within the framework of an organised system for distance selling of goods or services, without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication.

  • Means of distance communication: A means that can be used to conclude a contract without the consumer and trader being in the same room together at the same time.

  • General Terms and Conditions: These General Terms and Conditions of the trader.

Article 3 - Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.

Before the contract is concluded, the text of these conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the conditions can be inspected at the trader's premises and that they will be sent free of charge upon request.

If the contract is concluded electronically, the text will be made available in electronic form so that the consumer can save it on a durable medium.

In the event that specific product or service conditions apply in addition to these general conditions, the preceding paragraphs shall apply. In the event of conflicting conditions, the consumer can always rely on the provision that is most favourable to them.

If a provision of these conditions is deemed invalid, the remainder of the contract and conditions shall remain in force. The provision in question will be replaced by a provision that comes as close as possible to the original intention.

Any ambiguities or situations not covered by these conditions will be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated. The offer is non-binding and the trader may change it.

The offer contains a complete and accurate description of the products or services. If images are used, they must be a true representation of the products. Obvious errors or mistakes in the offer are not binding on the trader.

Each offer specifies the consumer's rights and obligations upon acceptance, including:

  • The price, excluding customs clearance costs and import VAT. These additional costs are for the customer's account and risk. Postal services may collect VAT or clearance fees from the recipient.

  • Any potential shipping costs.

  • The manner in which the contract will be concluded.

  • Whether or not the right of withdrawal applies.

  • The methods of payment, delivery, and performance.

  • The period for acceptance of the offer or the period for which the price is guaranteed.

  • Any codes of conduct and how to consult them.

  • The minimum duration of the contract for long-term transactions.

  • Optional: available sizes, colours, and materials.

Article 5 - The Contract

The contract is concluded at the moment the consumer accepts the offer.

If the acceptance is made electronically, the trader will immediately acknowledge receipt. The trader will take appropriate technical and organisational measures to secure the electronic transaction.

The trader may check the consumer's ability to meet their payment obligations. If there are grounds for doubt, the trader may refuse an order or attach special conditions to it.

With the product or service, the trader will provide, in writing or on a durable medium:

  • The address of the establishment for complaints.

  • The conditions and procedures for exercising the right of withdrawal.

  • Information on guarantees and after-sales service.

  • The conditions for terminating the contract.

Each contract is concluded subject to the condition of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has 14 days to withdraw from the contract without giving a reason, starting from the day after receiving the product.

During this period, the consumer must handle the product with care. They will only unpack or use it to the extent necessary to decide whether they wish to keep it.

To exercise their right of withdrawal, the consumer must inform the trader in writing (letter or email) within 14 days of receipt. Once the notification has been sent, they have a further 14 days to return the product. The consumer must be able to prove that the product was returned within the time limit.

If the consumer has not exercised their right of withdrawal within these time limits, the purchase is considered final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the product is at their own expense.

If the consumer has already paid, the trader will refund them within 14 days of the withdrawal notification, provided that the product has been received back or that proof of its dispatch has been provided.

Article 8 - Exclusion of the Right of Withdrawal

The trader may exclude the right of withdrawal for certain products and services. This exclusion must be clearly mentioned in the offer. Exclusion is only possible for:

  • Products made to the consumer's specifications (personalised).

  • Products of a clearly personal nature.

  • Products that cannot be returned for hygiene reasons and where the seal has been broken.

  • Products that can deteriorate or expire quickly.

  • Individual newspapers and magazines.

  • Audio, video recordings and computer software where the seal has been broken.

  • Services for accommodation, transport, catering or leisure to be provided on a specific date or during a specific period.

Article 9 - The Price

Prices will not be increased during the validity period of the offer, except in the event of changes in VAT rates.

Variable prices may be offered for products linked to fluctuations in the financial market. This will be mentioned in the offer.

Price increases within 3 months of the contract being concluded are only permitted if they result from statutory provisions. After 3 months, they are only possible if the trader has stipulated this and if the consumer has the right to terminate the contract.

As delivery takes place from outside the EU, postal services may charge the customer import VAT and/or customs duties. Consequently, the trader will not charge VAT.

No liability is accepted for the consequences of printing and typographical errors.

Article 10 - Conformity and Guarantee

The trader guarantees that the products and services comply with the contract, the specifications of the offer, and the legal requirements in force.

Any defects or incorrectly delivered products must be reported in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The guarantee period corresponds to the manufacturer's guarantee period. The trader is never responsible for the ultimate suitability of the products for the consumer's personal use.

The guarantee does not apply if:

  • The consumer has repaired or modified the product themselves or by a third party.

  • The product has been exposed to abnormal conditions or handled carelessly.

  • The defect is the result of government regulations concerning the materials used.

Article 11 - Delivery and Performance

The trader will take the greatest possible care when executing orders. The place of delivery is the address provided by the consumer.

Accepted orders will be executed within 30 days, unless a longer period has been agreed. In case of delay or if an order cannot be fulfilled, the consumer will be informed within 30 days of placing the order. They will then have the right to terminate the contract free of charge and to claim any potential compensation. The refund will be made within 14 days of termination.

If an ordered product is unavailable, the trader will endeavour to supply a replacement item, which will be clearly indicated upon delivery. The right of withdrawal applies to replacement items, and the return costs are borne by the trader.

The risk of damage to or loss of the products is borne by the trader until the moment of delivery to the consumer.

Article 12 - Duration, Termination and Renewal

  • Termination: The consumer may terminate an open-ended contract at any time with a notice period of up to one month. A fixed-term contract may be terminated at the end of its term subject to the same rules.

  • Renewal: A fixed-term contract cannot be tacitly renewed for a fixed term. It can, however, be tacitly renewed for an indefinite period, but the consumer retains the right to terminate at any time with one month's notice.

  • Duration: If a contract has a duration of more than one year, the consumer may terminate it at any time after one year, with one month's notice.

Article 13 - Payment

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days from the start of the cooling-off period. The consumer is obliged to report any inaccuracies in the payment data without delay.

In the event of non-payment, the trader may charge the consumer reasonable costs, subject to legal restrictions.

Article 14 - Complaints

Any complaints regarding the performance of the contract must be submitted to the trader in a clear and complete manner within 7 days of discovering the defect.

A response will be provided within 14 days. If a longer period is required, an acknowledgement of receipt will be sent within 14 days, with an indication of the expected response time.

A complaint does not suspend the trader's obligations, unless indicated otherwise by the trader. If the complaint is deemed valid, the trader will replace or repair the products concerned free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer are exclusively governed by French law, even if the consumer resides abroad.