General Terms and Conditions of Sale
The commercial site www.plumetine.com (hereinafter referred to as the "Site") is an electronic commerce site accessible via the Internet, open to any user of this network (hereinafter referred to as the "Internet user").
The Site is published by Plumetine (hereinafter referred to as "Plumetine"), a limited liability company with capital of 5,000 Euros, whose registered office is located at 1 Boulevard de Suède- 06230 Villefranche sur Mer, France, registered in the Nice Trade and Companies Register under number 889559472. Intracommunity VAT number FR72889559472. Telephone number: 00 33 (0)4 97 08 40 21. To contact Plumetine by e-mail: [email protected]
The Site allows Plumetine to offer for sale textile, childcare and accessory products made for Plumetine as well as a product personalization service through embroidery. The products and the embroidery service are hereinafter commonly referred to as the "Products" and are offered for sale to Internet users browsing the Site (hereinafter collectively referred to as "Customers"). For the purpose of the present document, it is agreed that the Customer and Plumetine will be collectively referred to as the "Parties" and individually referred to as a "Party".
It is specified that the Products are reserved for private individuals and are exclusively intended for personal use. Under no circumstances may the Products be used for professional purposes by the Customer.
In this respect, the Customer's attention is particularly drawn to the fact that the unit amount of his orders shall not exceed the sum of one thousand (1000) Euros including VAT, and that the order shall not include more than three (3) Products of the same reference / color / size. Plumetine reserves the right to refuse orders exceeding either of these limits.
Any order of a Product proposed on the Site implies the Customer's adherence to the present general terms of sale. In general, any visit to the Site implies the Customer's adherence to these terms and conditions of sale.
Plumetine reserves the right to modify at any time the present general sales conditions by publishing a new version on the Site. The applicable general sales conditions are those in force at the date of the order.
These general terms and conditions of sale are accessible at any time on the Site and will prevail over any other document.
The Customer declares that he/she has read the present general terms of sale and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure on the Site.
ARTICLE 1. COMPLETENESS
The present general conditions express the entirety of the obligations of the Parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions of these general sales conditions. Plumetine undertakes to respect its role as seller within the framework of the said conditions.
ARTICLE 2. SCOPE OF APPLICATION
The present general sales conditions apply, without restriction or reserve, to all sales concluded by Plumetine with the Customer, wishing to acquire the Products offered for sale by Plumetine on the Site.
ARTICLE 3. PURPOSE
The purpose of the present General Terms is to define the rights and obligations of the Parties in relation to the online sale of Products offered by Plumetine to the Customer, from the order to the delivery, through the payment and the use of services provided by Plumetine.
ARTICLE 4. PRODUCTS
- Characteristics of the Products
In accordance with Article L. 111-1 of the French Consumer Code, the Customer may, prior to placing an order, take note, on the Site, of the main characteristics of the Product(s) he/she wishes to order. In addition to the photographs reproduced and illustrating the Products presented, the Customer is required to consult the description of each Product to know its characteristics before ordering.
The essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of each Product are communicated in the most legible and comprehensible manner, taking into account the nature of the Product and the communication medium used for its presentation. However, it is possible that the perception of the Product(s) does not fully correspond to the Products.
The choice and purchase of a Product are the sole responsibility of the Customer.
- Availability of Products
The Products are offered for sale within the limits of available stocks. The availability of the Products is checked by Plumetine at the time of the preparation of the order.
ARTICLE 5 - PRICES
- European Union
The sale prices of the Products are expressed in Euros and include all taxes.
For orders made in Euros and shipped in Europe, prices include the Value Added Tax (VAT) in force on the French territory and applicable on the day of the order. If the rate were to be modified, these changes could be passed on to the price of the Products withoutthe Customer being informed in advance.
Moreover, if one or more taxes or contributions, in particular environmental, were to be created or modified, in rise or in fall, this change could be reflected on the selling price.
- Outside the European Union
For orders to countries outside the European Union, the customer has the option of choosing their local currency to make a tax-free purchase.
The sales prices of the Products to countries outside the European Union are expressed in local currency before tax (HT) and do not include French taxes or those of the destination country.
The selling prices of the Products can be modified by Plumetine at any time.
The Products will be invoiced on the basis of the prices in force at the time of the order.
Prices do not include delivery charges, which are payable by the Customer and are invoiced in addition to the price of the Products purchased. The delivery costs will be indicated before the final validation of the order by the Customer. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The prices do not take into account any promotional offers and personal discounts, indicated before the final validation of the order.
ARTICLE 6 - ORDERS
- Capacity to contract
Any Customer of Plumetine declares to have full legal capacity, allowing him/her to commit himself/herself under the present general sales conditions. Plumetine reserves the right to cancel and refuse any order from a Customer with whom a dispute exists or appears during the processing of an order, in particular a dispute related to the payment of a previous order.
- Acceptance of the Conditions by the Customer
The fact that the Customer ticks the box "I have read and accept the general terms and conditions of sale" before proceeding to payment constitutes an express and irrevocable acceptance which can only be called into question in the cases exhaustively provided for in the present conditions under the paragraph "right of withdrawal". The Customer acknowledges by this act to have read, understood and accepted the present conditions.
- Creating a user account
If he wishes, the Customer will be able to connect again to his account during his next visits thanks to the identifiers provided (email address and password).
However, the Customer has the possibility of continuing his order without creating a user account by connecting as a guest. The Customer will then have to provide an email address, his title, his last name, his first name, his address and his telephone number.
- Registration of the order
It is up to the Customer to select on the Site the Product(s) he/she wishes to order, according to the following modalities:
-select the Product(s) that the Customer wishes to purchase
-validate the shopping cart
-check the selected Products with the color and size options, and indicate the requested quantities
-ensure that the amount of one thousand (1000) Euros including VAT is not exceeded, and that the order does not include more than three (3) Products of the same reference / color / size
- the Customer must identify himself either by entering his email address and his personal password if he already has a customer account, or by mentioning all the information requested for an order as a guest, or by filling in all the information requested to create a user account
-be sure to clearly indicate the information necessary for delivery
-select the delivery method
-select the payment method
-proceed to the payment of the order which will formalize in a firm and definitive way the sales contract
Any order implies acceptance of the prices and description of the Products available for sale.
Unless proven otherwise, the data recorded in Plumetine's computer system constitute the proof of all transactions concluded with the Customer.
The online entry, on the form of one of our payment partners, of the credit card number and the final validation of the order will be considered as proof of the order and due payment for the ordered Products.
The provision of personal data collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders, as well as for the establishment of invoices. This information is strictly confidential.
- Validation and Order Confirmation
The sales contract between the Customer and Plumetine is formed when the Customer confirms his order. The sale will be considered valid only after full payment of the price.
Plumetine reserves the right to suspend or cancel any execution of an order and/or any delivery, whatever its nature and its level of execution, in the following cases:
- Exceeding the purchase limit stated in the preamble hereto,
- Existing dispute(s) with the Customer,
- Total or partial non-payment of one or more previous orders by the Customer,
- Refusal of payment authorization by banking institutions,
- Fraud or attempted fraud relating to the use of the Site.
Plumetine reserves the right to ask the Customer for supporting documents before processing an order. Indeed, as part of an order verification procedure, Plumetine may ask the Customer to send a set of supporting documents by email or by post. The order will then be processed only after reception and verification of the elements sent. If the documents are not received within 15 days of the order being placed, the order will be automatically cancelled.
If necessary, an email is sent to the Customer to confirm the order, provided that the email address indicated at the time of the order does not contain any error. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any error to Plumetine.
- Follow-up of the order
An initial email summarizing the Customer's choices is sent upon validation of the order payment. Once the order has been validated on the Site, the Customer can follow its processing at any time.
To take advantage of this service, the Customer simply logs into his account on the Site and accesses the "My orders and returns" section. In the event that the Customer places an order as a guest, i.e. without creating a user account, the Customer will still be able to track his order thanks to the order number indicated in the order confirmation email.
For each order, the status is indicated:
- Order confirmed (payment has been validated)
- Order in preparation (the order is being prepared)
- Order shipped: the order has been deposited with the carrier (the Customer has access to the tracking number of the delivery to follow its routing).
- Delivered order: depending on the delivery choice, the order has been delivered
- Proof of transaction
The computerized registers, kept in the computer systems of Plumetine in reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. At no time does Plumetine receive, store, record or transmit any of its customers' banking information. All banking information is directly processed by its specialized partners. The archiving of purchase orders and invoices is done on a reliable and durable support that can be produced as proof.
ARTICLE 7 - PAYMENT
The price due by the Customer is the amount indicated on the summary order form, which the Customer has read before confirming his order. The price is then recalled after payment in the order confirmation, a summary document sent by email by Plumetine to the Customer's email address.
The totality of the payment must be carried out at the time of the placing of order by the Customer. At no time can the sums paid be considered as deposits or down payments.
MEANS OF PAYMENT
The Customer can pay for his order online by credit card (Visa, Mastercard, American Express), by Shop Pay, Apple Pay and PayPal.
- Payment by credit card
The Customer may pay for his order by credit card (Visa, Mastercard, American Express) in accordance with the provisions of this article.
To pay for an order by credit card, the Customer must provide the name of the cardholder, the credit card number and, depending on the type of card, the expiry date of the card as well as the cryptogram number (3 or 4 digit number on the back or front of the credit card).
The Customer guarantees Plumetine that he/she has the necessary authorizations to use the payment method he/she has chosen for his/her order, when validating his/her order form.
It is specified that to make his payment by credit card, the Customer was automatically transferred to an electronic payment server. The server is secured by S.S.L (Secure Socket Layer) encryption in order to protect all data related to payment means as efficiently as possible, and to ensure that at no time does the Customer's banking data transit on Plumetine's computer system. The Customercan see that the transmission is encrypted by software as soon as the padlock symbol appears in his browser. The transaction is carried out via its payment partners, who alone have the banking information provided on the site at the time of payment.
The payment gateway used by Plumetine uses a 3D Secure payment flow. It is optimized to minimize the use of 3D Secure and only uses 3D Secure when requested by the issuing bank to authorize a transaction.
- Payment by Shop Pay
Customer may use Shop Pay to make online purchases as follows:
- Choose Shop Pay as your payment method.
- Select 'Save my data to make payments quickly'.
- Enter the required information.
- Finalize your order. A notification will appear on the order status page confirming that your information has been saved to your Shop Pay account.
- Click the Shop Pay button on the product page or in your shopping cart. You will be able to check your order before finalizing it.
To use a payment card with Shop Pay, you must activate the card before using it, if applicable. The card must support online purchases, and the billing information must match the banking information on file. The supported credit or debit card must be a Visa, Mastercard, or American Express card. If you are using Pay in installments with Shop Pay, Capital One cards are not accepted.
- Payment by Apple Pay
Customer may use Apple Pay to make online payments as follows:
- Tap the Apple Pay button or choose Apple Pay as your payment method on the Plumetine store.
- To pay with a different card, touch the or located next to your default map.
- If necessary, enter your contact, billing and shipping information. This data is stored by Apple Pay, so you won't need to enter it again.
- Confirm the payment.
- iPhone or iPad with Face ID: double tap the side button, then use Face ID or your passcode.
- iPhone or iPad not equipped with Face ID: use Touch ID or your access code.
- Apple Watch: press the side button twice.
- Mac with Touch ID: Follow the instructions on the Touch Bar and place your finger on the Touch ID sensor. If the Touch ID sensor is disabled, touch the Apple Pay icon on the Touch Bar and follow the on-screen instructions.
- Non-Touch ID Mac: Confirm payment on your Bluetooth-connected iPhone or Apple Watch. Make sure you are logged in with the same Apple ID on all devices.
- Once the payment is made, "OK" and a check mark will appear on the screen.
Please note thatthe credit or debit card must be a Visa, Mastercard, or American Express card.
- Payment by PayPal
After clicking on the "Confirm and Proceed to Payment" button, the Customer who has chosen to pay for his or her order by PayPal is redirected to the PayPal page of the Site where he or she will be able to enter his or her email address linked to his or her PayPal account and his or her PayPal password.
PayPal encrypts all the information that the Customer has communicated to it when creating an account. Thus, no information other than the Customer's email address is communicated to Plumetine. Financial and personal information is automatically encrypted when sending any sensitive information to PayPal servers. For more information on the security of transactions between PayPal and the Customer's bank, Plumetine invites the Customer to contact PayPal.
The Customer is reminded that payment card fraud is an offence punishable under Article L.163-3 of the Monetary and Financial Code:
"It is punishable by seven years' imprisonment and a fine of 750,000 euros for any person :
- Counterfeit or falsify a check or other instrument mentioned in article L. 133-4 ;
- Knowingly making or attempting to make use of a counterfeit or falsified check or other instrument mentioned in article L. 133-4 or falsified ;
- To knowingly accept payment by means of a counterfeit or falsified check or other instrument referred to in section L. 133-4."
TRANSFER OF PROPERTY
Plumetine retains full ownership of the Products sold until full payment of the full price, including all fees, taxes and compulsory contributions.
Plumetine will not be held responsible for delivering the Products ordered by the Customer if the latter does not pay the full price in accordance with the above conditions.
Payments made by the Customer will only be considered final after Plumetine has received the amounts due.
After the payment of the order by the Customer, the latter may receive a first email indicating that his order is awaiting confirmation. If the Customer's order meets the conditions of validity as defined above, the Customer will receive, at the latest before delivery, a second email informing him/her that his/her order has been registered with a summary of the Products ordered as well as Plumetine's general terms and conditions of sale, in force on the day of the order.
This confirmation email includes all the elements of the contract between the Parties.
ARTICLE 8 - DELIVERIES
Delivery is constituted by the transfer to the Customer of the physical possession of the Product. Deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier will have easy access.
- Delivery areas
European Union, United Kingdom, Switzerland, Iceland, Maghreb, Norway, Turkey, Australia, Canada, China, South Korea, United States, Hong Kong, India, Israel, Japan, Russia, Singapore, Taiwan, Thailand, Vietnam, Africa, Americas, Middle East, other Eastern European countries, other Asian countries, Oceania.
For more information on delivery, the Customer may contact Plumetine by telephone on 00 33 (0)4 97 08 40 21 or by email : [email protected]
- Terms of delivery
The Products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and conformity of the information he/she provides to Plumetine. Plumetine cannot be held responsible for any typing errors and the consequences in terms of delay or delivery error.
In this context, all costs incurred for the reshipment of the order will be entirely at the Customer's expense.
Plumetine cannot be held responsible for delays in delivery if they are due to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure.
The delivery will not be assured in case of force majeure as defined in Article 13 below.
Plumetine cannot be held responsible for a subsequent change of address by the Customer that was not notified in due time or for an error in the Customer's contact information provided by the Customer when ordering.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
- Means of delivery
Here are the delivery methods available on the Site:
Home Colissimo : This delivery method guarantees the presentation of the parcel within 48 hours from 7.90 Euros, in Metropolitan France (excluding DOM TOM), Corsica and Monaco only, from the dispatch of the parcel by the Post Office (excluding the time of processing and preparation of the order). Deliveries are made from Monday to Saturday morning, except on public holidays in the country of delivery. The parcel is taken in charge by the Post Office and given to the delivery address indicated by the Customer. In case of absence of the Customer at the time of the delivery and if the dimensions of the parcel allow it, the letter carrier will leave the parcel in the mailbox. Otherwise, a notice will be sent to the Customer indicating where he can collect the parcel in the nearest post office during 15 days.
Colissimo home with signature: From 8,90 Euros, the parcel will be given against signature under 48h. In case of absence during the delivery, a notice of passage with the coordinates of the carrier will be deposited to agree on a new presentation.
Colissimo Point retraits: This delivery method allows customers to have their order delivered to a point retraits in mainland France (excluding French overseas departments and territories). Point retraits delivery costs 6.90 Euros. Delivery takes 2 working days. The customer will be informed by email of the arrival of his parcel at the collection point, and has 10 working days from the date the email is sent to collect his order, on presentation of a valid form of identification. Once this period has expired, the parcel will be considered as abandoned and no further claims may be made. Plumetine will reimburse the Customer for the amount of the Products ordered on the basis of the invoiced price, excluding delivery charges.
Colissimo Domicile International: This delivery method allows the sending of the parcel in the majority of the countries of the world, between 3 and 10 working days and from 14 Euros. The delivery is made only from Monday to Friday except public holiday of the country of delivery. The parcel will be given against signature. In case of absence during the delivery, a notice of passage with the coordinates of the carrier will be deposited to agree on a new presentation.
Orders to countries outside the European Union may be subject to any taxes and customs duties applied by the destination country and will be charged to the Customer.
- Preparation time
For all orders placed online and confirmed by Plumetine, the preparation of the order will take place within 2 working days, while stocks last. Orders with embroidery personalization are embroidered within 3 working days and shipped within 24 hours .
- Follow-up of the delivery
An email will be sent to the Customer at the time of shipment of the Products, provided that the email address indicated at the time of the order does not contain an error. Upon receipt of this email, the Customer will be able to take into account the delivery times of the carriers.
Moreover, Plumetine informs its Customers that these delivery times do not include Sundays or public holidays applicable in the country of shipment and delivery.
The Customer can at any time follow the progress of the delivery of his order by clicking on the tracking number indicated in the email of the carrier or on the website of La Poste.
- Partial delivery of the order
In the case of an order that includes one or more unavailable Products as well as one or more available Products, Plumetine will ship only the available Products of the order and will proceed to the cancellation and therefore to the refund of the unavailable Products. Plumetine will then contact the Customer as soon as possible.
- Delayed delivery
If the ordered Products were not delivered within 5 working days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will be then restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
- Loss of delivery packages related to the carrier
In case of delay in delivery compared to the deadlines announced by the carriers, Plumetine suggests that the Customer first check with the carrier that the parcel is not pending, and then, if necessary, contact Plumetine at 00 33 (0)4 97 08 40 21, in order to open a dispute file or an investigation to search for the parcel. The Customer must declare the loss within 15 working days from the date indicated for the delivery of the order. Plumetine will then make the necessary claims to the carrier concerned. If the parcel is found, it will be immediately sent back to the Customer's home. If, at the end of the investigation, the package is not found, the Customer will ask for a refund of the amount paid. All claims for undelivered packages must be made within 15 working days of the initial delivery date.
- Packaging of returns
The Products are packaged in such a way as to comply with current transport standards, and to ensure optimum protection of the Products during delivery. The Customer is requested to respect these same standards when returning a Product. Any damage noted to a Product on return due to a problem of packaging level not respected may result in a partial refund or a non-refund of the product in case of impossibility of resale in the state or in case of aggravation of the technical problem indicated.
- Customer's responsibility for the verification of packages upon receipt
Plumetine reminds that it is the Customer's responsibility to inspect and check the condition of the delivered Products upon receipt and to notify any anomaly (damage to the package, missing Product compared to the order form, broken Products, delivery date not in accordance with the normal delivery service deadlines, reference error...) to Plumetine within 3 working days. In the event that Plumetine has not been informed of such remarks, the Product is deemed accepted by the Customer and cannot be contested regarding its delivery.
The Customer has a period of 3 working days from the delivery date to formulate claims by email and telephone, accompanied by all related documents (photos in particular). After this period and if these formalities are not respected, the Products will be considered as conforming and free of any apparent defect and no claim will be validly accepted by Plumetine.
Plumetine will reimburse or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the French Consumer Code and those provided for in the present general terms of sale article 11.
ARTICLE 9 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from Plumetine to the Customer will only take place once the sales price has been paid in full by the latter, whatever the delivery date of the Products.
ARTICLE 10 - RIGHT OF WITHDRAWAL AND RETURN
The right of withdrawal available to the Customer relates to the entire order and not to a partial return of Products.
The Products comprising an embroidery are unique and personalized. They can therefore be neither returned nor exchanged in accordance with Article L121-21-8 of the Consumer Code: " The right of withdrawal can not be exercised for contracts (...) for the supply of goods made to the specifications of the consumer or clearly personalized ... ".
The Customer 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 ordered.
The withdrawal period shall begin on the first hour of the first day following: the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product; (in the case of an order for multiple Products delivered separately) the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last Product; (in the case of an order for a Product in multiple lots or pieces) the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last lot or piece.
The withdrawal period ends at the end of the last hour of the last day of the period. If the period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The Customer exercises his right of withdrawal by informing Plumetine of his decision to withdraw by sending to Plumetine's postal address or to the email address [email protected], the standard withdrawal form proposed by Plumetine or any other unambiguous statement expressing his wish to withdraw; the standard form can be consulted following these general conditions of sale. If the right of withdrawal is exercised by e-mail, an acknowledgement of receipt of the withdrawal on a durable medium will be sent without delay to the Plumetine customer service e-mail address. The burden of proof of exercising the right of withdrawal lies with the Customer.
The return costs are at the charge of the Customer as well as the possible customs taxes for the international returns.
The Customer is reminded that no refund can be made before having received and checked the conformity of the condition of the item(s) concerned by this request (see the conditions set out below).
Plumetine recommends the Customer to return the Products by Colissimo with a recommendation or an additional insurance of the market value of the Products, guaranteeing the compensation of the Products up to their real market value in case of spoliation or loss of the goods. In all cases, the return is at the Customer's risk. Moreover, it is the Customer's responsibility to keep all proof of return.
The Customer must send the Product directly to the following address, free to choose the carrier of his choice:
1 Boulevard de Suède
06230 Villefranche sur Mer
- Statement of Products
The returned Products must be returned in their original condition and in their entirety allowing them to be marketed again in new condition, accompanied by the purchase invoice.
The Products must be intact, in perfect condition for resale, in a state of perfect cleanliness, they must not have been worn, washed or used, nor have they suffered any deterioration.
Any Product already used, damaged, incomplete will not be refunded.
REFUND OF RETRACTS
Plumetine will proceed to the refund of the Customer at the latest within 14 days from the date it is informed of the Customer's decision to retract. Nevertheless, Plumetine can postpone the reimbursement until the Products are recovered, the date retained being the first of these facts.
The initial shipping costs of the order are refunded to the Customer only if the entire order is returned. Return shipping costs are at the customer's expense.
ARTICLE 11 - LEGAL GUARANTEES
All Products are covered by legal warranties, provided that they have been used normally and that the maintenance instructions have been followed.
The Customer benefits from the guarantee of hidden defects and conformity in accordance with the provisions of articles 1641 to 1649 of the civil code and articles L.217-3 to L.217-17 of the Code of consumption to obtain in justice the repair or the replacement of the good and if impossible, the resolution or the reduction of the price.
11.1 LEGAL WARRANTY OF CONFORMITY
"The seller delivers a good that conforms to the contract and to the criteria set forth in Article L. 217-5.
He is responsible for the defects of conformity existing at the time of the delivery of the good within the meaning of article L. 216-1, which appear within two years as from this one (...)".
"The good conforms to the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose sought by the consumer, brought to the seller's attention no later than at the time of conclusion of the contract and which the latter has accepted (...)"
"In addition to the criteria of conformity with the contract, the good is conforming if it meets the following criteria:
1° It is fit for the purpose usually expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned (...)"
"Defects of conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed (...)".
11.1.1 IMPLEMENTATION OF THE LEGAL WARRANTY OF CONFORMITY
"In the event of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section (...)"
"The consumer shall have the right to demand that the goods conform to the criteria set forth in subdivision 1 of this section.
The consumer shall request the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the good available to the seller."
"The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, particularly with regard to:
1° The value that the goods would have if there were no lack of conformity;
2° The extent of the lack of conformity; and
3° The possibility of opting for the other choice without any major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1 and 2.
When these conditions are not respected, the consumer can, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the civil code.
Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, is motivated in writing or on a durable medium."
"In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision to obtain a reduction in the price of the goods.
The reduction in price is proportional to the difference between the value of the good delivered and the value of that good in the absence of the lack of conformity."
"In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision to cancel the contract. He returns the goods to the seller at the latter's expense. The seller shall reimburse the consumer the price paid and return any other benefit received under the contract.
If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract with respect to all the goods, even those not covered by this chapter, if the consumer cannot reasonably be expected to agree to keep only the goods that conform (...)"
"The reimbursement to the consumer of the sums owed by the seller under this subdivision shall be made upon receipt of the goods or proof of their return by the consumer and no later than fourteen days thereafter.
The seller shall reimburse these sums using the same means of payment as the one used by the consumer at the time of the conclusion of the contract, unless the latter expressly agrees and in any event without additional charge."
11.2 LEGAL WARRANTY AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code
"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1643 Civil Code
"He is held responsible for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 Civil Code
"In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect (...)".
In order to assert his/her rights, and in the event of non-conformity or a defect affecting one or more Products within the aforementioned time limits, the Customer must contact Plumetine as soon as they are discovered on the following number 00 33 (0)4 97 08 40 21 or by email at [email protected] and may return the Products to Plumetine at the following address: 1 Bd de Suède - 06230 Villefranche sur Mer - France.
If the above-mentioned conditions are met, Plumetine will exchange the Product(s) presenting such defects of conformity or proven faults and whose origin is indeed attributable to Plumetine or will reimburse the Customer the amount of such Product(s), as well as the return shipping costs paid by the Customer, if applicable.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and no later than 14 days after Plumetine has established the non-conformity or the hidden defect.
Plumetine cannot be held responsible in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of Plumetine.
The Plumetine's warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 12. RESPONSIBILITY
The proposed Products are in accordance with the French legislation in force and the standards applicable in France. Plumetine cannot be held responsible in case of non-compliance with the legislation of the country where the Product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the Products he/she intends to order.
Plumetine cannot be held responsible for inconveniences and damages related to the use of the Internet network, in particular a break in the service, the presence of computer viruses or external intrusions and more generally any case qualified as force majeure or third party act by the courts. Hypertext links may lead to other sites than the Site. Plumetine is not responsible for the content of these sites if they do not comply with the legal and regulatory provisions in force.
Plumetine shall not be held liable for any indirect damages incurred as a result of the purchase of the Products. Similarly, Plumetine cannot be held responsible for the obligations of the present general sales conditions in case of a force majeure event as defined in article 1218 of the French Civil Code.
The Customer is expressly informed that Plumetine is not the producer of the Products presented on the Site in the sense of the French law n°98-389 of May 19, 1998 concerning liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the Product, only the responsibility of the producer of the Product may be sought by the Customer. Moreover, the company reminds that the Products and information proposed by Plumetine do not replace in any way the vigilance of adults at all times.
ARTICLE 13. FORCE MAJEURE
Neither Party shall have failed to perform its contractual obligations to the extent that their performance is delayed, impeded or prevented by an act of God or force majeure. All facts or circumstances that are irresistible, external to the Parties, unforeseeable, unavoidable, independent of the will of the Parties and that cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as fortuitous events or force majeure.
The Party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. The two Parties will then meet, within one month, except in the case of impossibility due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
ARTICLE 14 - PERSONAL INFORMATION
ARTICLE 15 - INTELLECTUAL PROPERTY
All data of any nature whatsoever, including text, graphics, logos, icons, images, illustrations, audio or video clips, trademarks, software ... including the underlying technologies used, appearing on the Site are necessarily protected by copyright, trademark law and all other intellectual property rights. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different provisions, even more restrictive, of the Intellectual Property Code.
The Customer agrees not to reproduce, summarize, modify, alter or redistribute, without the express prior authorization of Plumetine, any text, title, application, software, logo, brand, information or illustration, for any use other than strictly private, which excludes any representation for professional purposes or redistribution in number.
Similarly, the Customer undertakes not to copy all or part of the Site onto another site or internal company network.
Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property except preliminary authorization of the company Plumetine. Any total or partial reproduction of the Plumetine catalog is strictly forbidden. Any creation of a hypertext link from an Internet site to the Site must be expressly authorized by Plumetine. On simple request from Plumetine, this link must be removed.
ARTICLE 16. COMPLETENESS OF CONDITIONS
A change in legislation, regulations or a court decision rendering one or more clauses of these general terms of sale null and void shall not affect the validity of these general terms of sale. Such a change or finding shall not in any way allow the Customer not to comply with these terms and conditions of sale.
ARTICLE 17. DURATION AND APPLICATION
The present terms and conditions are applicable during the entire period of online availability of the Products offered by Plumetine. Plumetine reserves the right to adapt or modify at any time the present general sales conditions. However, in case of modifications, the general sales conditions applicable to the order placed by a Customer on the Site are those accepted by the Customer on the day of placing the order.
ARTICLE 18 - APPLICABLE LAW AND JURISDICTION - LANGUAGE
The present general sales conditions and the contractual relations between Plumetine and the Customer are governed by and subject to French law.
Any dispute relating to the interpretation, execution or breach of the present general terms of sale and/or contractual relations between Plumetine and the Customer will be submitted to the sole jurisdiction of the French courts, notwithstanding multiple defendants and/or third party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition. The competent court in case of litigation will be the one of the defendant's place of residence.
The present general conditions of sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 19 - DISPUTES
In the event of a question or complaint, the Customer may first contact Plumetine's customer service department by telephone: 00 33 (0)4 97 08 40 21 and by email: [email protected] or by mail to Plumetine's head office: 1 Bd de Suède - 06230 Villefranche sur Mer, France.
The claim must set forth the Customer's claims and the facts supporting each claim. It must also contain evidence of the facts set forth in support of the claims.
The Customer is informed of the possibility of resorting, in case of dispute resulting from an online purchase, to a conventional mediation procedure or to any other alternative method of dispute resolution, as soon as such a dispute could not be settled within the framework of a preliminary complaint directly introduced to Plumetine.
In accordance with the provisions of the consumer code concerning the amicable settlement of disputes, Plumetine adheres to the mediation service of the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) whose coordinates are the following: 14 rue Saint Jean- 75017 Paris - 00 33 1 89 47 00 14 - https://www.cm2c.net/
In the event that the dispute arises from a national or cross-border online purchase, the Customer may also have access to the dispute resolution platform set up by the European Commission for consumer disputes arising from an online purchase: https: //ec.europa.eu/consumers/odr/
In the event of a legal settlement of the dispute, the competent court will be designated in accordance with the rules of jurisdiction laid down by French law.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the site www.plumetine.com except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable general conditions of sale.
To the attention of PLUMETINE
1, BOULEVARD DE SUEDE, 06230 VILLEFRANCHE SUR MER, France
I hereby give notice of withdrawal from the contract for the following item:
- Order from (indicate date): .................................................
- Order number: .....................................................................
- Customer name: .......................................................................................
- Customer address: ..................................................................................
- Customer email address : .............................................................................
- Customer's phone number: .................................................................
Client's signature (only in case of notification of this form on paper)