TERMS OF SALES
PREAMBLE
These conditions are concluded between, on the one hand, LES CHÉRINETTES (EURL), registered with the RCS of Bayonne 422 768 614
Siret: 422 768 614 000 30
Headquarters: Les Cherinettes 14 impasse Ocho Cristobal, 64200 Biarritz
Intracommunity VAT number FR 0F 422 768 614
Phone: (33) 06 08 06 45 31
E-mail: contact@floome.fr
hereinafter referred to as "FLOOME"
and, on the other hand, people wishing to make a purchase via the website http://www.floome.fr hereinafter referred to as "the user".
The parties agree that these conditions of sale, available on the day of purchase, exclusively govern their relationship. If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France. Les Chérinettes (EURL) undertakes to comply with all the provisions of the Consumer Code relating to distance selling.
Any order for a product appearing in the electronic store of EURL Les Chérinettes, floome.fr requires prior consultation of these general conditions of sale.
You can only order if you accept all the provisions set out below.
Any order will be exclusively governed by these general conditions of sale, to the exclusion of any other condition of purchase.
The validation click that you execute after completing your order form constitutes confirmation of your order and will constitute irrevocable acceptance of these general conditions. He will express your final consent to contract with FLOOME for the products you have selected, subject to your right of withdrawal as referred to in article 12 and the possible application of the provisions of article 10 of these general conditions of sale. .
Presentation of the essential characteristics of the goods and services offered.
Indication of the total price to pay for goods and services offered in Euros, all taxes included for the countries of the European Union. For countries outside the European Union, prices are shown excluding taxes. The prices indicated do not include participation in shipping costs.
Indication of terms of payment, delivery or performance.
Existence of a right of withdrawal.
Period of validity of the offer and the price.
All the information contained on the site www.floome.fr (hereinafter referred to as the Site) is in French.
The customer acknowledges having, prior to placing the order, acquainted with all of the aforementioned information and the general conditions of sale.
The customer, prior to ordering the product, declares that the acquisition of said product is not directly related to his professional activity, their acquisition being reserved for his personal use.
As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products acquired within the framework of the electronic store would in reality have a connection with his professional activity. He also declares that he has the legal capacity to commit to these general conditions.
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1. Object
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These general conditions of sale aim to define the rules of sale between Les Chérinettes and the user of the site www.floome.fr, from ordering to after-sales services, payment and delivery.
These conditions apply exclusively to non-commercial individuals.
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2 Coverage of the offer
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The geographic area covered by floome.fr's offer is mainland France, Monaco, Corsica, Germany, Austria, Belgium, Denmark, Spain, Finland, Great Britain, Ireland, Italy, Luxembourg, Norway, the Netherlands, Portugal , Sweden, Switzerland.
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3 Contract documents
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This contract is made up, in decreasing order of legal value, of the following documents:
these general conditions of sale
purchase order
The photographs illustrating the products on the site do not enter into the contractual field. If errors or alterations resulting from the processing of these photographs are introduced, Les Chérinettes cannot be held liable for this fact.
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4 Order taking
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Any order form signed with the click of validation constitutes an irrevocable commitment from the customer which can only be called into question in the cases exhaustively provided for in this contract in the articles Right of withdrawal and Execution of the order.
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5 Order confirmation
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The contract will not be concluded until the order is confirmed by floome.fr.
The customer will receive by email an acknowledgment of receipt confirming the order with all the elements of the contract (products ordered, price, delivery times, shipping costs, ...)
Floome reserves the right not to confirm an order for any reason whatsoever, relating in particular either to a product supply problem, or to a problem concerning the order received.
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6 Duration of the offer
The offers contained in this site are valid as long as the related products remain online and while stocks last.
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7 Price - Invoice
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The prices are printed in euros.
The price guaranteed to the buyer is that displayed on the Site at the time of purchase.
The price fixed during the purchase is firm and final. It does not include participation in delivery costs invoiced in addition and which will be indicated in the order confirmation.
For delivery within the European Union, prices take into account the VAT applicable on the day of the order. They are therefore indicated VAT included.
No other customs duty or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalog.
For delivery outside the European Union, the customer must pay customs duties, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
The related formalities are also the sole responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the possibilities of importing the products ordered under the law of the territory of the country of delivery.
An invoice will be established by Floome. The customer must specify the address for sending the invoice.
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8 payment
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Payment of the full price is due upon ordering.
The customer undertakes to pay the price stipulated for the product ordered on the Site (price of the products and transport) as well as to pay or have paid, if necessary, and this directly to the freight forwarder or carrier, the rights of customs, VAT or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
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The customer pays for his order:
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either by credit card as offered on the Site
The customer guarantees Floome that he has the necessary authorizations to use the card payment method when ordering.
either by check payable to Les Chérinettes
If the check is not received within 10 days of the order confirmation by Floome - Les Chérinettes or if the check is rejected by the bank, Floome reserves the right to cancel the order.
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either via PAYPAL
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9 Default of payment - Retention of title
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The products ordered remain the property of Les Chérinettes- Floome until the final and full payment of their price in accordance with the terms of law n ° 80 335 of 12 May 1980. Les Chérinettes- Floome reserves the right to claim the products ordered in default of payment.
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10 Risk transfer
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The transfer of risks to the customer takes place as soon as the products are handed over by Les Chérinettes-Floome to the carrier. The products travel at the risk and peril of the customer. It is the same in the event of sending or return of products carried out carriage paid.
During the withdrawal period mentioned in article 15 below, the customer is responsible for the thing as custodian. In case of deterioration or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
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11 Execution of the order
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The order will be executed within the time limits specified on the site and upon confirmation of the order by Floome and in any event no later than 30 days following the confirmation of the order subject to the availability of the product ordered and except specific agreement between the parties.
In the event of out of stock or unavailability of the product ordered, Floome undertakes to inform the customer, to specify an availability period, to offer him a replacement by an equivalent product or a refund.
The customer will confirm his choice by e-mail. Either wait for the availability of the product, its replacement by an equivalent product or the reimbursement of the order.
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12 Delivery
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The geographical area of delivery corresponds to the geographical area of coverage of the offer.
The products are delivered to the address indicated by the customer on the order form.
Delivery is deemed to have been made upon delivery of the product to the carrier.
The delivery slip given by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and delivery.
On delivery, the customer must check the content, conformity and condition of the product (s).
In the event of delays, damage, total or partial loss, or any other problem, it is the customer's responsibility to exercise any recourse with the carrier without Les Chérinettes-Floome being held liable.
Therefore, upon delivery, Les Chérinettes-Floome recommends that the customer check the condition of the products delivered before signing the acknowledgment of receipt of the package.
If he finds any anomalies, he must refuse delivery of the products or issue handwritten, precise and dated reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgment of receipt within three (3) working days following delivery of the products. A copy will be sent to Les Chérinettes-Floome.
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13 Force majeure
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Expressly considered as force majeure, in addition to those usually retained by the case law of French courts and tribunals,
total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the Internet .
The occurrence of a case of force majeure will, initially, automatically suspend the execution of the order.
If beyond a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
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14 Collection of products in the absence of the customer
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If the recipient is absent during delivery, the carrier will leave a calling card at the delivery address indicated by the customer. The products must be collected at the address and in the manner indicated by the carrier.
In the event of non-withdrawal within the time limits set by the carrier, the products will be returned to Les Chérinettes-Floome which reserves the right to reimburse the price, the shipping costs remaining the responsibility of the customer.
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15 Complaints
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Complaints for non-conformity of the product (s) delivered with the order must be made in writing directly to Les Chérinettes and immediately upon receipt. The customer must keep the packaging and the delivery slip.
In the event of an error on the product, the customer undertakes to return the said product or products concerned within 7 days of their receipt at Les Chérinettes on the condition that they are returned without opening their packaging, in their original condition and packaging with the accompanying documents.
Upon receipt of the product in due form, Les Chérinettes will send, at its expense, the product initially ordered.
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16 Right of withdrawal
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The customer has, within 14 seven working days from the delivery of his order, a right of return, at his expense, for exchange or refund, products that do not suit him in accordance with the article of Consumer Code.
If this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration, however minimal, and be in a state of perfect cleanliness.
This right of withdrawal is exercised without penalties, with the exception of return costs.
Within a maximum period of 30 days from receipt of the product, the customer will be reimbursed for the sums paid. To this end, he will communicate his bank details to Les Chérinettes - Floome.
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17 Guarantee
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In order to avoid any inconvenience the products are checked by Floome before their shipment. However, the customer benefits from a contractual guarantee against all defects that the delivered product may present for a period of 3 months from delivery subject to normal use and in accordance with the recommendations set out in the documents related to the products and instructions for use included.
In any case, the products sold benefit from the legal guarantee against hidden defects provided for by articles 1641 and following of the Civil Code.
Finally, some products benefit from an extended warranty. In these cases, the terms and duration of the warranty are specified in the warranty card delivered with the product. This does not cover damage, breakage or malfunctions due to non-compliance with the precautions for use.
For the implementation of the guarantee, the customer returns the product to Les Cherinettes-Floome at his expense, enclosing the original of the invoice.
The product will be exchanged for an identical product and sent to the customer at the expense of Les Cherinettes-Floome, except in the event of stock shortage or disappearance of the product from the range offered by floome.fr. In the latter case, Floome will reimburse the price of the product to the customer.
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18 Personal information
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The personal information requested from the customer is essential for the processing and delivery of orders, the preparation of invoices and any warranty contracts. For these purposes, this information may be communicated to the contractual partners of floome.fr.
The customer may oppose such communication and in accordance with the Data Protection Act (law of January 6, 1978), he has the right to access, modify, rectify and delete data concerning him in contacting Les Chérinettes, 14 impasse Ocho Cristobal 64200 Biarritz
19 Electronic signature
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The validation click constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
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20 Proof
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The computerized registers, kept in Floome's computer systems under reasonable security conditions will be considered as proof of communication, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
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21 Intellectual property
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Les Chérinettes holds the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the electronic store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements composing the site and the catalog, their use as well as their making available to third parties are strictly prohibited.
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22 entire contract
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These general conditions of sale express all the obligations of the parties.
No other general or specific condition communicated by the customer may be incorporated into or derogate from these general conditions.
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23 No waiver
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The fact that Les Chérinettes-Floome does not invoke a breach by the customer of any of its obligations could not be interpreted as a waiver of the obligation concerned and to avail itself of this breach subsequently.
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24 Nullity
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If one or more stipulations of these general conditions is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
25 Dispute
This contract is subject to French law, both for the substantive rules and for the formal rules.
In the event of a dispute and in the absence of an amicable agreement between the parties, express jurisdiction is attributed to the courts within the jurisdiction of the head office of Les Chérinettes-Floome, notwithstanding a guarantee call or multiple defendants, even for emergency procedures or protective proceedings in summary proceedings or by request.