GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website https://rasagetradition.fr/fr/ (hereinafter the "WEBSITE") from VIKIM DIFFUSION, SAS registered with the Trade and Companies Register under number 324017748, having its registered office at 15 rue Pierre et Marie Curie, France Tel: 0296633450, email: firstname.lastname@example.org (hereinafter the "SELLER").
Any order placed on the Site implies the CLIENT's unreserved acceptance of these general terms and conditions.
ARTICLE 1. DEFINITIONS
The terms used below have the following meaning in these General Conditions:
"CUSTOMER": refers to the SELLER's co-contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that the CLIENT acts outside any usual or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
"PRODUCTS": refers to all of the products available on the WEBSITE.
"TERRITORY": refers to Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. OBJECT
These General Terms and Conditions govern the sale by the SELLER to its CLIENTS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CLIENT undertakes to read these General Terms and Conditions carefully and to accept them before proceeding with the payment of an order for PRODUCTS placed on the WEBSITE.
The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to carefully read, download and print the General Conditions and to keep a copy of them.
The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order for PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
In order to be able to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his legal representatives.
The CLIENT will be invited to provide information allowing him/her to be identified by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at email@example.com to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Characteristics of the products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the obligatory information that the CLIENT must receive by virtue of the applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the WEBSITE.
Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The CUSTOMER can then add as many PRODUCTS to his basket as he wishes.
Once the PRODUCTS have been selected and placed in the shopping basket, the CUSTOMER must click on the basket and check that the contents of the order are correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will be displayed to the CUSTOMER's attention, automatically completed and summarising the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CLIENT may then proceed to pay for the PRODUCTS by following the instructions appearing on the WEBSITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page will appear on the WEBSITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct .
The SELLER shall not send any order confirmation by post or fax.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are provided for in the "withdrawal policy", which is available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hyperlink.
ARTICLE 7. PAYMENT
7.1. Means of payment
The CLIENT may pay for its PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.
The CLIENT guarantees the SELLER that it holds all the authorisations required to use the chosen means of payment.
The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of online payment on the SITE.
In this respect, it is specified that all the payment information provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.
7.2. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the WEBSITE.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is dispatched. If the CLIENT decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including all taxes will be archived by the SELLER for a period of ten (10) years in accordance with article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER shall have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CLIENT.
The above provisions shall not prevent the transfer to the CLIENT, upon receipt by it, or by a third party designated by it other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation of ownership, as well as the risks of damage that they may entail.
ARTICLE 10. DELIVERY
The terms of DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
ARTICLE 11. PACKAGING
The PRODUCTS will be packed in accordance with the transport regulations in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 - mShrinkage policy.
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" guarantees for all PRODUCTS, which are detailed below, in accordance with article L.111-1 of the French Consumer Code.
ARTICLE 13. RESPONSIBILITY
The SELLER's liability may under no circumstances be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering the order.
The SELLER may not be held liable, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, he excludes all liability for the information published on them. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.
ARTICLE 14. FORCE MAJEURE
The responsibility of the SELLER may not be implemented if the non-execution or delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the debtor's control, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are discharged from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
In this respect, the SELLER may not be held liable in particular in the event of an attack by hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of the SELLER occurring after the conclusion of the GCS and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim payment of any compensation and may not take any action against the SELLER.
In the event of the occurrence of one of the aforementioned events, the SELLER will endeavour to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects on the WEBSITE personal data concerning its CUSTOMERS, including by means of cookies. CLIENTS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used in order to process orders placed on the SITE, manage the CLIENT's account, analyse orders and, if the CLIENT has expressly chosen this option, send him/her commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have expressly given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask the CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on Data Protection, known as the RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CLIENT whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of the information concerning it, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act, and the provisions of articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the RGPD, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him/her, without reason and at no cost.
The CLIENT may exercise these rights by sending an e-mail to the following address: firstname.lastname@example.org or by sending a letter to 49 rue Hélène Boucher.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. CLAIMS
The SELLER provides the CUSTOMER with a "Customer Telephone Service" on the following number: 0296633450 (non surcharged number). Any written complaint by the CLIENT must be sent to the following address: 15 rue Pierre et Marie Curie 22190 PLERIN.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request the SELLER's authorisation in writing.
This authorisation from the SELLER shall under no circumstances be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, total or partial, of the WEBSITE and its content, by any process whatsoever, without the SELLER's express prior authorisation, is prohibited and will constitute an infringement punishable under articles L.335-2 et seq. and articles L.713-1 et seq. of the Intellectual Property Code.
Acceptance of these GTCS constitutes recognition by the CLIENT of the SELLER's intellectual property rights and a commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision in no way authorises the CUSTOMERS to disregard the present General Conditions.
Any conditions not expressly dealt with in the present Terms and Conditions shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all online purchases made on the SITE, as long as the SITE is available online.
The General Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes made to the General Conditions shall not apply to PRODUCTS already purchased.
Article 20 - JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's claims department.
If no agreement is reached or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute relating to this contract arises, including those concerning its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: Mr CARRE Franck, whose contact details are : Mr CARRE Franck, who can be contacted via this link: https://rasagetradition.fr/fr/ .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict
As mediation is not compulsory, the CUSTOMER or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT THE MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT INDICATED ABOVE.
Principle of retraction
The CLIENT has in principle the right to retract by returning or returning the PRODUCT to the SELLER.
To do so, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise its right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify its decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to : 15 rue Pierre et Marie Curie 22190 PLERIN or email@example.com.
He can also use the form below:
For the attention of : VIKIM DIFFUSION
SELLER'S PHONE NUMBER: 0296633450
SELLER's fax number :
SELLER's e-mail address* :
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:
Reference of the PRODUCT
Invoice no. :
Purchase order number :
- Ordered on [________________]/received on [________________]
- Means of payment used :
- Name of the CUSTOMER and, if applicable, the beneficiary of the order :
- Address of the CLIENT :
- Delivery address :
- Signature of the CUSTOMER (except in the case of transmission by e-mail)
The PRODUCTS offered can only be delivered on the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
The PRODUCTS are sent to the delivery address(es) that the CLIENT will have indicated during the ordering process.
The deadlines for preparing an order and then drawing up the invoice, before dispatch of the PRODUCTS in stock, are mentioned on the WEBSITE. These lead times do not include weekends or public holidays.
An electronic message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.
Delivery times & costs
During the order process, the SELLER shall indicate to the CLIENT the possible delivery times and shipping formulas for the PRODUCTS purchased.
The shipping costs are calculated according to the delivery method.
The amount of these costs shall be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the WEBSITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Terms of DELIVERY
The parcel will be given to the CUSTOMER against signature and on presentation of proof of identity.
If the CLIENT is absent, a delivery notice will be left with the CLIENT, to enable him to collect his parcel from the post office.
The CUSTOMER is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may cancel the contract.
The SELLER shall reimburse, without undue delay from receipt of the cancellation letter, the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CLIENT to purchase the PRODUCTS.
The SELLER shall be liable until delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss observed upon delivery.