Terms and conditions of use
Between Société Neyrat - Guy de Jean - Vaux, ZA Etables, Rue du Barrage, 39200 SAINT-CLAUDE, with share capital of €187,500, registered in the Chalon-sur-Saône Trade and Companies Register under number 3299Z, SIRET 50165901500033, represented by Mr. Michaël Renaud, in his capacity as Chairman and CEO, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the contact@leparapluiefrancais.fr website. Hereinafter referred to as the “Seller” or the “Company”, on the one hand, and the individual or legal entity purchasing the company's products, hereinafter referred to as the “Buyer” or the “Customer”, on the other:
PREAMBLE
The Seller is a manufacturer and creator of umbrellas and parasols (the “Products”) exclusively for consumers, marketed through its websites and https://www.leparapluiefrancais.fr.) The list and description of goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1 : Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Vendor.
Article 2: General terms and conditions
These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through Le Parapluie Français websites, which are an integral part of the Contract between the Buyer and the Seller. The Vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions then applicable are those in force on the date of payment of the order. These GCS can be consulted on the Company's website at http://leparapluiefrancais.fr/fr/content/3-conditions-utilisation. The Company also ensures that acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he/she has read the present General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Prices
The prices of products sold through the websites are indicated in euros, including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). In this respect, the Vendor invites the purchaser to obtain information on these aspects from the relevant local authorities. The Company reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the Company's websites shall be borne by the Customer. Where applicable, delivery charges are also payable by the Customer.
Article 4: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Vendor in order to complete the order. However, the steps described below are systematic:➢ Information on the essential characteristics of the Product;➢ Choice of the Product and, if applicable, its color, and indication of the Customer's essential data (identification, address, etc.);➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of order details and, if necessary, correction of any errors.➢ Follow-up of payment instructions, and payment for products.➢ Delivery of products.The Customer will then receive confirmation by e-mail of payment for the order, as well as an acknowledgement of receipt of the order confirming it. The customer will also receive a .pdf copy of these terms and conditions of sale. For delivered products, delivery will be made to the address indicated by the Customer. In order for the order to be processed correctly, and in accordance with article 1316-1 of the French Civil Code, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products
The essential characteristics of the umbrellas and parasols and their respective prices are made available to the purchaser on the company's websites. The customer certifies that he/she has received details of delivery charges, as well as payment, delivery and contract performance terms. The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. In the absence of such availability, the Vendor will inform the Customer. This contractual information is presented in detail and in the French language. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Company's websites. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order in the following manner:➢ Check the condition of your package➢ Open it carefully without a cutter or sharp blade (risk of cutting the umbrella fabric)➢ Return it to us exclusively in its original packaging at your expense➢ Send us an email to contact@leparapluiefrancais.fr informing us of the return and the reason.
Article 6 : Retention of title
Products remain the property of the Company until full payment has been received.
Article 7 : Delivery terms
Products are delivered to the delivery address indicated when the order was placed and within the delivery time indicated (within 48 hours except during peak season). This delivery time does not include the time required to prepare the order. When the Customer orders several products at the same time, these may have different delivery times, which are routed as follows:➢ Shipment by colissimo post without signatureIn the event of late delivery, the Customer may cancel the contract in accordance with the terms and conditions set out in Article L 138-2 of the French Consumer Code. The Vendor will then reimburse the product and the “outward” costs in accordance with Article L 138-3 of the French Consumer Code. The Vendor provides an email contact indicated in the order confirmation message to ensure order tracking. The Vendor reminds you that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.
Article 8 : Availability and presentation
Orders will be processed while stocks last. If an item is unavailable for more than 30 working days, you will be informed immediately of the expected delivery times and the order for this item may be cancelled on request. The customer may then request a credit note for the amount of the article or a refund.
Article 9 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment service provider STRIPE. The information transmitted is encrypted and cannot be read during transport on the STRIPE network. Once payment has been initiated by the customer, the transaction is immediately debited once the information has been verified. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled and the order cancelled.
Article 10: Withdrawal period
In accordance with article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days in which to exercise his right of withdrawal, excluding, where applicable, the cost of returning the goods”. “The period mentioned in the previous paragraph runs from receipt of the products, which must be returned to us at the following address: Neyrat - Guy de Jean - Vaux, ZA Etables, Rue du Barrage, 39200 SAINT-CLAUDE - FRANCE. Customers are informed that, in accordance with article L. 121-21-2 of the French Consumer Code, this right of withdrawal cannot be exercised for custom-made umbrellas requested by the customer. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the cost of shipping will be reimbursed; the cost of returning the product(s) will be borne by the customer. Products must be returned in their original condition and complete (packaging, accessories, etc.) so that they can be marketed as new; if possible, they should be accompanied by a copy of the purchase receipt.
Article 11: Warranties
In accordance with the law, the Vendor assumes two warranties: of conformity and of hidden defects. The Company only guarantees its Customers that the Products comply with current French legislation. The Customer is reminded that he/she benefits from the legal warranty of conformity mentioned in articles L217-4 to L217-13 of the French Consumer Code, and that of defects in the item sold under the conditions stipulated in articles 1641 to 1648 and 2232 of the French Civil Code. The Company is not liable for apparent defects of which the Customer could not have been unaware. The Company may not be held liable in the following cases:➢ failure to follow recommendations for use and maintenance,➢ lack of care or careless use of the Products,➢ parts subject to normal wear and tear due to the use of the Products➢ defects and deterioration caused by an external event (faulty maintenance, use of detergent or unsuitable products, intervention by a third party, abnormal use, etc.).
Article 12: Complaints
Should the need arise, the Buyer may make any complaint by contacting the company using the following contact details contact@leparapluiefrancais.fr.
Article 13: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
Article 14: Force majeure
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure (total or partial disaster, fire, climatic event, destruction of premises, etc.) which would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15: Nullity and modification of the contract
Should any of the stipulations of the present contract be null and void, such nullity shall not entail the nullity of the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.
Article 16 : Protection of personal data
In accordance with the French Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify your personal data. By accepting these general terms and conditions of sale, you consent to the collection and use of your personal data for the purposes of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply contact the data controller (the Company) by registered letter. We monitor traffic on all our sites. To do this, we use specific cookie tools for statistical analysis.
Article 17: Limitation of liability
The Vendor's liability for the performance of the service is limited to 1,600,000 euros for all damages, including immaterial damages not resulting from bodily injury or material damage, and immaterial damages resulting from bodily injury or material damage not covered by the warranty, to 160,000 euros.
Article 18: Applicable law
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.