RUEDELAMER.COM October 2014
- Article 1: Availability
- Article 2: Order
- Article 3: Delivery
- Article 4: Reservation of title
- Article 5: Withdrawal
- Article 6: Warranties/After-Sales Service
- Article 7: Customer service
- Article 8: Whole agreement
- Article 9: Governing law
ANNEXE : SPECIMEN WITHDRAWAL FORM
These terms and conditions are entered into exclusively by RUEDELAMER a French limited liability company (société à responsabilité limitée or SARL) with capital of EUR 42.370 €, registered on the MARSEILLE Trade and Companies Register under number 511 197 840, having its registered office at 1540 RN 96 13400 AUBAGNE , hereinafter referred to as RUEDELAMER.COM or the “Website”, and any person making a purchase from the RUEDELAMER.COM website, hereinafter referred to as the “Internet User” and collectively as the “Parties.”
The Internet User represents that he is over eighteen years of age or that he has parental permission and has legal capacity to enter into a contract to enable him to place an order on this Website. The Website delivers to Internet Users residing in the countries listed in Article 3 hereof.
The Parties agree that their relationship will be governed solely by these general terms and conditions of sale. Said terms and conditions may be subject to amendment. Accordingly, it is hereby stipulated that the applicable terms and conditions will be those stated on the Website when the order is placed.
Article 1 - Availability
Our products will be available and our prices valid for as long as they are displayed on the Website, except in the case of special campaigns where the term of validity is specified on the Website. The Internet User is asked to check the availability of the items for sale on the information page for each product.
In the event that an item that has been ordered is unavailable, RUEDELAMER.COM reserves the right to cancel the order, subject to notifying the Internet User.
In the case of an order for more than one product, if any of the products proves to be unavailable, RUEDELAMER.COM will notify the Internet User that it is unable to dispatch the unavailable item. The rest of the order will be processed and dispatched to the customer within the deadlines stated on the Website.
The Internet User may also opt to cancel its entire order, provided that it notifies RUEDELAMER’s customer service department beforehand by telephone or email.
Article 2: Order
How to place an order on RUEDELAMER.COM
There are several stages to placing your order:
- the Internet User fills his basket of products,
- the Internet User chooses the delivery method,
- the Internet User chooses the payment method,
- the Internet User asks to pay,
- the Internet User then receives an email from RUEDELAMER.COM to register his order,
- Finally, the Internet User receives an email validating his order.
The order validation email means that RUEDELAMER.COM has accepted the Internet User’s order and therefore it forms the contract of sale between the Parties.
When the order is ready to be dispatched, RUEDELAMER.COM will send the Internet User a notification of dispatch email.
The prices displayed by default on the Website are expressed in euros and include any relevant charges that apply in the Internet User’s country of residence.
VAT is applied at the rate that is current when the order is placed. The prices of the products displayed on RUEDELAMER.COM do not include delivery charges, the cost of certain packaging or other optional services chosen by the Internet User is additional.
The packaging and optional service costs will be brought to the Internet User’s attention on the summary screen before final confirmation of the order.
Which payment methods can be used?
The Internet User can pay for its purchases by Bank Card, with a Visa, Carte Bleue, Mastercard or E-Carte Bleue. RUEDELAMER.COM guarantees that payment by bank card is secure by using the SSL (Secure Socket Layer) protocol encryption system and Ogone to process payments.
The Internet User can also pay for its purchases via Paypal.
In the event of anti-fraud checks for the purpose of ensuring that its customer’s transactions are secure, RUEDELAMER.COM will be entitled to ask the Internet User to provide any document required to approve the order, such as one or more proofs of residence and/or a copy of his identity card via email or fax before approving his order.
Therefore, the order will only be final when RUEDELAMER.COM has received said documents and sends the confirmation email. If said documents are not received or if they do not positively identify the person placing the order and prove that he actually lives at the stated address, RUEDELAMER reserves the right not to approve the order. RUEDELAMER.COM also reserves the right to reject an order if there is a previous ongoing dispute concerning payment or an unusually high level of orders placed by an individual.
Proof of the order/payment
In the absence of evidence to the contrary, our computer registers and those of our service providers, stored in reasonable secure conditions, will constitute proof of all the transactions between RUEDELAMER.COM and the Internet User. In accordance with regulations, we will store orders on a reliable medium. The Internet User may access them on the RUEDELAMER.COM Website in the “My account” area. In any event, RUEDELAMER.COM recommends that the Internet User keeps the email confirming his order.
Article 3: Delivery
Where do we deliver?
The products will be delivered to the delivery address that the Internet User has entered on his order and only to the following countries:
-Metropolitan France (excluding its overseas departments and territories)
Do we deliver to collective addresses?
In the case of delivery to a collective address, the Internet User acknowledges that RUEDELAMER’s provision of transportation services for the order will cease on actual delivery to the collective address stated on the order, even though the product might be accepted by a third party. The risks are transferred to the Internet User from that time.
Due to numerous losses at such addresses, RUEDELAMER.COM is unable to deliver to armed forces’ premises.
In the case of delivery to certain areas that are difficult to access (such as Ile de Ré in metropolitan France, etc.), delivery will be made to the nearest maritime centre. Final delivery may also be made by a different carrier from the carrier used by RUEDELAMER.COM Said carrier may make additional charges for said delivery but RUEDELAMER.COM will not pay said surcharge.
What are the delivery deadlines?
The delivery deadlines stated on the Website should be understood as meaning from the date on which the products ordered by the Internet User leave the warehouse. Said deadlines may not exceed 30 days from the date on which the Website approves the order. The Internet User will be notified via email when his order has been dispatched.
In the event of payment by cheque, the delivery deadline begins to run from the date on which the Internet User’s cheque is cashed.
What do I do if I am out when the goods are delivered?
In the case of delivery by the Post Office, an Internet User who is out when delivery is made has a time limit in which to collect his parcel from the post office indicated. After said time limit, the parcel will be returned to RUEDELAMER.COM The Website will then send the customer an initial reminder and if it does not receive a reply within seven days RUEDELAMER.COM will consider that he has exercised his right of withdrawal.
For delivery by appointment (heavy and cumbersome goods), the carrier will contact the Internet User directly to arrange a delivery time. If the Internet User is not in at the agreed time, he must notify RUEDELAMER.COM at least five (5) working days before the agreed delivery date. If he fails to do so, the carrier will charge him for additional delivery attempts.
Article 4: Reservation of title
RUEDELAMER.COM will retain full title to the items purchased by the Internet User until the latter has fulfilled all his obligations and, in particular, until the price has been paid in full, plus interest where appropriate.
Article 5: Withdrawal
5.1 Terms and conditions of the right of withdrawal
In accordance with current statutory provisions, the Internet User has 14 clear days in which to withdraw, from the date on which the order is received. In accordance with Article L.121-20-2 of the French Consumer Code, said withdrawal period does not apply in the following cases:
the purchase of perishable goods such as foodstuffs.
the purchase of audio or video recordings and computer software, when the Internet User has unwrapped them.
the purchase of goods manufactured in accordance with the consumer’s specifications or goods that are clearly customised.
The Internet User is responsible for exercising his right of withdrawal in accordance with the terms and conditions laid down hereinafter.
5.2 Terms and conditions for exercising the right of withdrawal
The Internet User may go to the “My account” area => Track my orders” in order to get a return number where he can state his reasons for the return.
The Internet User may also notify his decision to withdraw from this contract by sending a clear, unambiguous statement to the following address:
-by post: RUEDELAMER 1540 RN 96, 13400 AUBAGNE
-by email: https://en.ruedelamer.com/contacts/
If the Internet User so wishes, he may use the specimen withdrawal form appended hereto.
He must return the goods to the following address: RUEDELAMER 1540 RN 96, 13400 AUBAGNE
In the event of a return, the Internet User must package the item in question carefully and enclose his return number(s) in the parcel, printing it/them from the Website or copying it/them on a separate sheet of paper (if he wishes to follow the returns procedure shown on the Website).
The Internet User is free to choose the method of returning his product and whether or not to take out insurance against loss, theft or damage to his parcel. RUEDELAMER will not pay any of said costs or the carriage costs and it cannot be held liable if it does not receive the Internet User’s parcel. The Website advises Internet Users to choose a method of dispatch that tracks the parcel. In general, the Internet User will be liable for all the costs and risks relating to returning the product.
Only products that are returned complete, in perfect condition and in their original packaging with a return number will be accepted. Otherwise, the return will be deemed to be a non-compliant return and will not be reimbursed by RUEDELAMER.
5.3 Effects of the withdrawal
In the event that the Internet User complies with the returns procedure described above, reimbursement will take place within 14 days of RUEDELAMER’s receipt of the goods. In the case of payment by bank card, repayment will be made directly to the Internet User’s account linked to the bank card. In the case of payment by cheque, reimbursement will be made by cheque sent to the invoicing address.
In the case of return of part of an order, RUEDELAMER will reimburse the carriage costs (outgoing) to the customer pro rata to the total amount of the order. In the case of return of all the items on the order, RUEDELAMER will reimburse the customer with the total amount of the carriage costs paid when the order was placed.
Article 6: Warranties/After-Sales Service
6-1 General Information
Independently of any commercial warranty that might be granted to the Internet User, RUEDELAMER will remain responsible for any compliance failures in the item sold in accordance with Articles L211-4 to L211-3 of the French Consumer Code, part of which is reproduced hereinafter.
RUEDELAMER will also remain bound by the statutory guarantee of hidden defects under the conditions stipulated in Articles 1641 to 1648 of the French Civil Code and Article 2232 thereof, part of which is reproduced hereinafter
“Statutory guarantee of compliance” (extract from the French Consumer Code)
Art. L. 211-4. “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”
Art. L. 211-12. “Actions resulting from lack of conformity lapse two years after delivery of the product.”
Art.211-5 “In order to comply with the contract, the item must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
“Hidden defects guarantee” (extract from the French Civil Code)
-Art. 1641. “A seller is bound by the warranty on account of the hidden defects in the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have purchased it or would only have paid a lower price for it, had he been aware of them.”
-Art. 1648 – paragraph 1. “Actions arising from hidden defects entitling the purchaser to rescind the sale must be brought by the buyer within a period of two years following discovery of the defect.”
6-2 terms and conditions for exercising the warranties
If the Internet User’s product proves to be defective during the statutory or contractual warranty period or if it does not comply with the order, he may submit a request to the after-sales service at RUEDELAMER. In order to return a product to RUEDELAMER, the Internet User must go to the “My account” area => “Track my orders” and describe the problems or malfunctions found with the product(s) in question. This procedure will allow him to obtain a returns number.
Payment of the carriage costs will be made under statutory conditions, irrespective of the solution he has chosen. It is hereby stipulated that all the carriage costs for the product, relating to a return under the commercial warranty, will be payable solely by the Internet User.
After RUEDELAMER has processed the product and checked whether it is covered by the statutory or commercial warranty, it will be repaired or a standard replacement will be sent out.
If the cause of the fault falls within the scope of the statutory or commercial warranty and the product cannot be repaired or exchanged for an identical or equivalent product, it will be reimbursed in the form of a credit note or repayment. In any event RUEDELAMER will offer the most appropriate solution (replacement of the defective part, replacement of the item or reimbursement).
In the event of a non-standard or unjustified return or if the Internet User has not familiarised himself with the instructions in the troubleshooting guides provided on the Website and applied them, said return will be deemed to be a non-compliant return and processed as such. Similarly, any products returned without a return number will be systematically processed as a non-compliant return. It is hereby pointed out that the Internet User is free to choose the dispatch method of his product and whether or not to take out insurance for loss, theft or damage to his parcel. RUEDELAMER will not pay any of said costs and it cannot be held liable if it does not receive the Internet User’s parcel. Finally, the Internet User is liable for the method of packaging his product, which must be packaged in such a way that it can travel without risk of breakage or damage.
Article 7: Customer Service
For any question relating to a purchase made from the RUEDELAMER Website, the customer relations service can be contacted:
- by telephone: + 33 (0)4 82 13 19 02 (cost of a local call from a landline in metropolitan France) between 9 am and 7 pm Monday to Friday excluding public holidays.
- By email at the following address: https://en.ruedelamer.com/contacts/
- By post at the following address: 1540 RN 96 13400 AUBAGNE
- If the Internet User already has a customer account at RUEDELAMER, he may go to the “My account” area
Article 8 – Whole agreement
These General Terms and Conditions of Sale comprise all the clauses of which it consists. The fact that any of the clauses herein is not relied on at any given time cannot be construed as a waiver of reliance on said same clauses at a later date. If any clause is found to be illegal, the other clauses will remain legal.
Article 9 – Governing Law/Disputes
8.1 These General Terms and Conditions of Sale will be governed by French law. The court having jurisdiction in the event of a dispute will be the court in the defendant’s place of residence, or, at the applicant’s discretion, the place where the product was actually delivered.
The consumer is informed that in the event of a dispute, he may refer the matter to a mutually agreed mediation procedure or any other alternative method of dispute resolution.
8.2 In the context of a business to business contract of sale, the Parties expressly agree that this contract will be governed by French law.
The Parties expressly agree that the Vienna Convention on contracts for the international sale of goods will not apply to their relationship. To that end, any dispute for which no out-of-court solution can be reached will be referred to the sole jurisdiction of the appropriate courts in Lille, notwithstanding multiple defendants and/or third party notices, including for emergency or interlocutory proceedings in expedited form or on ex parte application.
APPENDIX: SPECIMEN STANDARD WITHDRAWAL FORM
If the Internet User wishes to exercise his right of withdrawal – in compliance with the terms and conditions laid down in Article 5 -, he may use the form below:
For the attention of:
I hereby notify you of my withdrawal from the contract relating to the sale of the following product:
-Name and reference of the item:
-Date of order:
-Date of receipt:
Name of the customer who placed the order:
Address of the customer who placed the order: