General terms and conditions of sale
These General Terms and Conditions of Sale govern the sale of the products presented on the website www.lesperruches.fr (hereinafter referred to as "the site") and define the conditions applicable to sales concluded between on the one hand the persons making a purchase via the site, hereinafter referred to as "the customer" and on the other hand the company NAMAGO SARL, hereinafter referred to as "the company".
Article 1 - Scope of application
These general terms and conditions of sale express all the obligations of the parties. The customer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website www.lesperruches.fr and will prevail, if necessary, over any other version or any other contradictory document.
The company and the customer agree that these general terms and conditions of sale exclusively govern their relationship.
The company reserves the right to modify its general terms and conditions of sale from time to time.
These will apply as soon as they are put online on the company's website as identified above and will not apply to sales concluded previously.
If a condition of sale is missing, it will be considered as being governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
Article 2 - Pre-contractual information - Customer acceptance
The customer acknowledges having been informed, prior to placing his order and concluding the contract, of the general terms and conditions of sale and all the information provided for in Article L. 221-5 of the Consumer Code.
The following information shall be provided to the customer in a clear and understandable manner:
- The essential characteristics of the product
- The price of the product and related costs (delivery costs)
- In the absence of immediate performance of the contract, the date or period by which the company undertakes to deliver the product
- Information relating to the company's identity, postal, telephone and electronic contact details, its activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions
- the terms of payment, delivery and performance of the contract and the procedures for handling complaints by the seller
- the possibility of using conventional mediation in the event of a dispute.
The fact that a natural person orders a product implies full acceptance and acceptance of these General Terms and Conditions of Sale and obligation to pay for the ordered products, which is expressly acknowledged by the Customer, who waives, in particular, to rely on any contradictory document, which would not be enforceable against Namago Sarl.
Article 3 - The order
4.1 The customer may place his order, from the online shop and through the dematerialized order form or "basket" accessible on the company's website, for any product and within the limits of available stocks or raw materials available on that date.
The customer will be informed by e-mail, if necessary, of the unavailability of an ordered product.
For the order to be validated, the customer must accept, by clicking on the indicated place on the website, the present general conditions of sale. It must also specify the address and delivery method and validate the payment method.
4.2 The sale will be considered final after the company has sent the customer confirmation of acceptance of the order by e-mail and after the company has received the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale.
In the event of non-payment, incorrect address or any other problem on the customer's account, the company reserves the right to block the order until the problem is resolved.
Article 8 - Product information
The products governed by these general terms and conditions of sale are those that appear on the company's website and are indicated as sold and shipped by the company.
The products are described and presented as accurately as possible. Nevertheless, the seller cannot be held liable if errors or omissions occur, if any, in the presentation of these products or even affect the validity of the sale.
The photographs of the products are not contractual in nature.
Article 9 - Prices and invoicing
The company reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order.
The prices take into account the VAT applicable on the day of the order.
Any change in the applicable VAT rate will automatically be reflected in the price of the products on the website.
If one or more taxes or contributions, in particular environmental taxes or contributions, are created or modified, either upward or downward, this change may be reflected in the selling price of the products.
The price is payable in full and in a single payment on the day the customer places the order.
Invoices are issued once the order has been placed without discount and sent electronically.
Article 10 - Method of payment
This is an order with payment obligation, the placing of which involves payment by the customer
Payment must be made by credit card. The accepted credit cards are: CB, Visa, Eurocard, Master Card and American Express.
The company may suspend all order processing and delivery in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment.
The company may refuse to make a delivery or honour an order from a customer with whom a payment dispute is pending.
Payments made by the customer will be considered final only after the company has actually collected the sums due.
Article 11 - Availability of products
The products presented on the company's website are offered within the limits of available stocks and/or within the limits of available stocks of raw materials, evaluated by the company on the day of confirmation of acceptance of the order and after receipt of the full price.
In the event of a temporary interruption, the customer will be offered to wait until the date of the next replenishment specified.
In the event of a permanent stock shortage on an ordered product, the company will inform the customer as soon as possible and will propose to him to choose between the replacement by a different model of the same collection or the refund of the unavailable product.
Article 12 - Delivery
Except in cases of force majeure or when the online shop is closed, clearly announced on the home page of the company's website, shipping times will be those indicated on the website, within the limits of available stocks and/or raw materials.
These deadlines run from the date of registration of the order indicated on the order confirmation email.
The information provided by the customer when placing the order is binding on him/her.
The company cannot be held responsible for the impossibility, in which it may find itself, of delivering the order in the event of an error in the wording of the recipient's contact details or incomplete information on the order form.
In case of return of the goods for incomplete address:
- Case of a model requiring customization (inscriptions, colors and customized laces)
The customer will be offered the return of the goods after payment of the contribution to the return costs.
- Case of a model that does not require customization:
The customer will be offered the return of the goods after payment of the contribution to the return costs, or the refund of the order after deduction of delivery costs.
In the event of reshipment, the starting point of the new delivery time will be linked to the company's receipt of the new information concerning the delivery address.
Article 13 - Time limits
For deliveries in Metropolitan France and throughout the euro zone, the deadline is a maximum of 15 working days from the day following the day on which the customer placed his order (excluding pre-orders for which the deadline will be longer and communicated to the customer).
In the event of non-compliance with the agreed delivery date or time limit, the customer must, before rescinding the sales contract, instruct the company, by registered letter with acknowledgement of receipt, to execute it within a reasonable additional period of 15 days. (Art. L 138-2 Hamon Law)
If the contract is not fulfilled by the end of this additional period, the customer may freely terminate the contract by registered letter with acknowledgement of receipt.
The contract will be considered as terminated upon receipt by the company of the said letter unless the company has meanwhile performed the contract (Art. L 138-2 paragraph 2 Consumer Code)
Therefore, when the contract is terminated, the company must reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In accordance with Article L. 242-4 of the Consumer Code, where the trader has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
- the legal interest rate if the repayment is made no later than 10 days after the expiry of the 14-day period set out above,
- by 5% if the delay is between 10 and 20 days,
- by 10% if the delay is between 20 and 30 days,
- by 20% if the delay is between 30 and 60 days,
- by 50% between 60 and 90 days,
- and five additional points for each additional month of delay up to the product price and then the legal interest rate.
Article 14 - Delivery terms and conditions
Delivery is deemed to have been made as soon as the products ordered by the company are handed over to the carrier, provided that the latter accepts them without reservation.
The products are delivered to the address indicated by the buyer on the order form.
Any package returned to the company because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.
The customer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided on the dematerialized order form.
If the customer is absent on the day of delivery, the deliverer will leave a delivery note in the mailbox, which will allow the package to be picked up where and for the time indicated.
The customer is required to check the condition of the products delivered at the time of delivery and their conformity with the order.
14.1 Damaged packages
In the event that the original packaging is damaged, torn, opened, it is recommended that the customer refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The customer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (missing product compared to the delivery note, damaged package...).
This verification will be considered as carried out when the customer or a person authorized by him, has signed the delivery note.
The customer must confirm his reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by post or e-mail to the company at the postal address or e-mail indicated in the legal notices on the website.
If the apparent defects and/or lack of conformity are duly justified and proven by the customer, the company will replace the delivered products as soon as possible and at its own expense and will refund the customer the return costs (the defective products will be returned to the company within 7 working days from the date of the replacement agreement). The return of the product can only be accepted for products in their original state (packaging)
After the above-mentioned deadlines and/or failing to comply with these formalities, the products shall be deemed to be in conformity and free of any apparent defect and no claim by the customer may be validly accepted by the company on the basis of non-conformity and/or apparent defect.
Article 15 - Exchange and refund
Upon receipt of the order, the customer has a period of 7 working days to send his request for exchange to the company.
The exchange is made within the limits of available stocks and raw materials and cannot be made on a personalised product.
The exchange request should be sent by email to the following address: hellolesperruches.fr or via our return form
Upon receipt of the exchange request, the company will issue a return form for the product(s) concerned and communicate it by e-mail to the customer.
Any product to be exchanged must be returned to the company as a whole and in its original packaging, by registered Colissimo, to the following address: 18a, boulevard d'Anvers 67000 STRASBOURG
Products returned incomplete, damaged, used or soiled by the customer will not be taken back.
In the event of a shortage of stocks or raw materials, the company notifies the customer and offers him a similar item in the same collection. If the customer refuses, the company will refund the original product.
The return costs are at the customer's expense, the shipping costs of the second shipment are paid by the company.
15.2 Refund and right of withdrawal
Upon receipt of the order, the customer has a period of 14 days from the day after receipt of the order to exercise his right of withdrawal, the postmark or the date of the receipt for the availability of the product or products being proof.
The refund request should be sent by email to the following address: hellolesperruches.fr or via our return form
Upon receipt of the refund request, the company will issue a return form for the product(s) concerned and communicate it by e-mail to the customer.
Any product to be refunded must be returned to the company as a whole and in its original packaging, by registered Colissimo, to the following address: 18a, boulevard d'Anvers 67000 STRASBOURG
The customer must return or return the product to the company no later than fourteen days after he has communicated his decision to withdraw from this contract to the site.
This deadline is deemed to have been met if the customer returns the product before the expiry of the fourteen-day deadline.
Products returned incomplete, damaged, used or soiled by the customer will not be refunded.
The refund will be made within a maximum of 30 working days from the date on which the company becomes aware of the right of withdrawal.
The Company will refund all payments received from the customer, including delivery charges (except for additional charges resulting from the customer having chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by the site). The return costs will be charged to the customer.
Refunds are made by crediting the credit card used to purchase the products. Beyond the withdrawal period, the products will not be taken back or refunded.
Article 17 - Transfer of risks
The transfer of ownership of the Company's products (and the transfer of the related risks of loss and deterioration) to the customer will only be carried out after full payment of the price by the latter, regardless of the delivery date.
However, the postponement of the transfer of risks will be transferred to the client when the goods are handed over to the carrier when the latter has been entrusted with the transport by the client and the choice has not been proposed by the professional (art. L 138-5).
Article 18 - Product warranty
All articles offered by the company are subject to the legal warranty provided for in articles L 217-4 et seq. of the Consumer Code and to the warranty against hidden defects provided for in articles 1641 et seq. of the Civil Code.
As a result, the Customer has 2 years to exercise one or the other of these guarantees. For non-conformity, the period shall run from the date of issue. For hidden defects, the period runs from the discovery of the defect.
If the apparent defect, lack of conformity or hidden defect of the item, declared by the customer, if any, is found, after expert appraisal, the company may proceed with the repair or replacement of the product. In the event of impossibility, the company will reserve the right to reimburse the customer at its own expense.
Under no circumstances shall the Company be held liable for the misuse and/or intensive use of the items by the customer.
In order to assert his rights, the customer must inform the company, in writing, of the non-conformity of the products within the above-mentioned deadlines and return the defective products in the condition in which they were received with all the elements (accessories, packaging, instructions...).
Article 19 - Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exemption from the parties' obligations and shall entail their suspension.
The party invoking such circumstances must notify the other party of their occurrence and disappearance within ten working days of the date on which it becomes aware of them.
The parties will consult to examine the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure lasts for more than three months, these general terms and conditions of sale may be terminated by the injured party.
Article 20 - Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the company, which holds the sole intellectual property rights to this content.
Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 21 - Information Technology and Liberties
The personal data provided by the customer are necessary for the processing of his order and the preparation of invoices.
They may be communicated to the company's partners responsible for the execution, processing, management and payment of orders.
The lack of information leads to the non-validation of the order in accordance with the Data Protection Act.
The customer has a right of permanent access, modification, rectification and opposition to the information concerning him that he can exercise with the company NAMAGO SARL by post or electronically.
The company undertakes not to communicate, free of charge or in exchange, the contact details of its customers to third parties.
Article 22 - Dispute
The client may use conventional mediation, in particular with the consumer mediation commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
All disputes not resolved by mediation shall fall within the exclusive jurisdiction of the Commercial Court or the Tribunal de Grande Instance of Strasbourg.
Article 23 - Applicable law
These general terms and conditions and the transactions resulting from them are subject to the application of French law. In the event of a dispute or claim, the customer will first contact the company to obtain an amicable solution.
Article 24 - Language
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.