Terms of sale
These general conditions of sale govern all relations between the company TECHNOLOGISTIQUE, a company with a capital of € 300,000 whose registered office is 6 Rue Maryse Bastié 63510 Aulnat, registered at the R.C.S. of Clermont-Ferrand under No. 412 765 208, hereinafter "Sans Les Plumes", and the customers of the site www.sanslesplumes.fr
Customer Service Email: contact@sanslesplumes.fr
Prior to any transaction, the customer acknowledges having read these general conditions and expressly declares to accept them when he clicks on the order validation button.
Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1: SPECIAL CONDITIONS OF SALE
The customer acknowledges having read, at the time of placing the order, the particular conditions of sale stated on the screen (name, price, quantity, color, particularities of the products, cost of the services) and declares expressly to accept them without reservation.
ARTICLE 2: LEGAL CAPACITY AND ACCEPTANCE OF TERMS AND CONDITIONS
2.1 Legal capacity
The Site is accessible:
- To any natural person who has full legal capacity to engage under these terms and conditions. A natural person who does not have full legal capacity may access the Site only with the agreement of his legal representative.
- To any legal person acting through a natural person having legal capacity to contract in the name and on behalf of the legal person.
2.2 Acceptance of Terms and Conditions
The acceptance of these general conditions by the Buyer is evidenced by a check box in the order form. This acceptance can only be full and complete. Any acceptance subject to these conditions shall be considered null and void. Buyer who does not agree to be bound by these terms and conditions shall not place an order on the Site.
ARTICLE 3: ORDER
3.1 Ordering
As part of its order, the Buyer is asked to provide its contact details for delivery and billing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not contain all of the required information cannot be validated.
The Buyer guarantees that all information given in the order form is accurate, up-to-date and truthful and is not tainted by any deceptive character.
He is informed and accepts that this information is proof of his identity and commits him as soon as it is validated.
3.2 Order Confirmation
After validation of his order, the Buyer receives by email a confirmation of his order which:
(i) summarizes the elements of the order and the expected delivery time.
(ii) contains the terms and conditions in effect on the day of the order,
(iii) include the invoice corresponding to the order.
The Buyer must ensure that the contact details provided when placing the order are correct and that they enable him to receive the confirmation email of his order. If the latter is not received, the Buyer must contact Sans Les Plumes at the contact details mentioned above.
Sans Les Plumes recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation shall be deemed to have been received by the Buyer upon receipt of the order confirmation email.
ARTICLE 4: PRICES AND TERMS OF PAYMENT
4.1 Price
The selling prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
Sans Les Plumes reserves the right, at its sole discretion and under terms and conditions that it will be the sole judge, to offer promotional offers or price reductions.
The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price of the latter. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer.
The applicable price is the one displayed on the Website at the time of registration of the Purchaser's order.
4.2 Terms of payment
The entire price of the Products is due on order.
Payment can be made online:
By credit card, through the secure online payment service indicated on the site.
By any other means that will be offered on the Site at the time of the order.
When the Buyer makes a payment through a payment provider, the payment is made by the payment provider concerned, which alone retains the bank details of the User for this purpose. Without Les Plumes does not keep any bank details.
The Buyer guarantees to Sans Les pens that it has the necessary authorizations to use the chosen method of payment.
Sans Les Plumes reserves the right to suspend or cancel any order and/or delivery in case of non-payment of any sum due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site.
Penalties equal to 1.5 times (one and a half times) the French statutory interest rate will automatically apply to the amounts outstanding as soon as a formal notice is first submitted by registered letter AR.
4.3 Retention of title
Sans Les Plumes retains full ownership of the Products sold until the perfect collection of the price, delivery costs included.
ARTICLE 5: DELIVERY
5.1 Delivery territories
Buyers are expressly informed that the site only offers delivery of Products to Europe.
The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
Delivery of the Products ordered on the Site will be made to the address indicated at the time of the order of the Buyer as “delivery address” (which may be different from the billing address), provided that it is located in the territory of possible delivery for the Products concerned.
5.2 Methods of delivery
Delivery of the Products ordered on the Site is made to the address indicated when the Buyer placed the order as the “delivery address” (which may be different from the billing address), which may only be located in one of the countries referred to in Article 5.1.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer shall be informed prior to the validation of his order of the possible delivery methods for the Product ordered and of the time and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.
5.3 Delivery times
Delivery is made within the time specified in the order confirmation email.
The Site mentions, for each Product offered for sale, indicative delivery times according to the territories and modes of delivery.
The actual delivery time will be confirmed to the Buyer in the order confirmation email. However, when the Product is not in stock at the time of ordering, this period can be indicated to the Customer by email only from the moment when the Product is back in stock.
If delivery is not received within the above period, the Buyer may resolve the order by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered Sans Les Plumes, in accordance with the same terms and conditions, to make delivery within a reasonable additional period, it has not fulfilled itself within that period.
The contract shall be deemed to be terminated upon receipt by Sans Les Plumes of the letter or written notice of such termination, unless it has been completed in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer will be reimbursed in full the sums paid, including delivery costs, at the latest within 14 (fourteen) days following the date on which the contract is terminated.
Sans Les Plumes reserves the right to approach the Buyer in order to offer alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer shall express explicitly and in a durable medium its acceptance of the choice of an alternative method of reimbursement.
ARTICLE 6: LIABILITY OF WITHOUT FEATHERS / RIGHT OF WITHDRAWAL
The Buyer has a period of 14 (fourteen) days from the date of receipt of the Products ordered to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay.
A model letter of withdrawal is available below: https://www.service-public.fr/particuliers/vosdroits/R15904
Buyer wishing to exercise his right of withdrawal must, before the expiry of the above period, contact Sans Les Plumes at the following email address: contact@sanslesplumes.fr explaining his request.
The Buyer will receive an acknowledgement of receipt of his request for withdrawal by email.
ARTICLE 7: TRADE IN PRODUCTS
The Buyer has 14 (fourteen) days from the date of receipt of the Products ordered to request the exchange of the Product ordered for another Product of a different size or model. In the event that Sans Les Plumes does not have the Requested Product in stock on the day of the order, Sans Les Plumes will inform the Buyer of the period within which the Requested Product will be available, or offer him an alternative Product.
The Buyer wishing to exercise this exchange request must, before the expiry of the above period, contact Sans Les Plumes at the following email address: contact@sanslesplumes.fr explaining his request.
Sans Les Plumes will propose to organize with the carrier of its choice the return modalities, of which it will inform the Buyer by any useful means. Sans Les Plumes will offer to bear the costs of this return.
The Products must be returned new to Sans Les Plumes in their original packaging, at the latest within 14 (fourteen) calendar days following the communication by the Buyer of its willingness to exchange the product. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed liable in case of deterioration of the Products upon their return to Sans Les Plumes.
The Buyer will receive a new Product no later than 7 (seven) days from the date of actual receipt by Sans Les Plumes of the Products, provided that they are not damaged and that the new Product is available in stock. If this is not the case, Sans Les Plumes will inform the Buyer of the period within which the Requested Product will be available, or offer him an alternative Product.
ARTICLE 8: LEGAL GUARANTEES
The Buyer benefits from the legal guarantees of non-conformity as well as the hidden defects of the item sold, including the defects of conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform him by indicating the nature of the defect, the non-conformity or the damage found and by sending him any useful proof, in particular in the form of photograph(s).
Sans Les Plumes will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. Sans Les Plumes will bear the costs of this return.
Products must be returned new to Sans Les Plumes in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products that do not comply with the terms and conditions described above will not be considered.
Sans Les Plumes will carry out the necessary checks and propose to the Buyer the replacement of the Product as far as possible. If replacement of the Product is not possible, Sans Les Plumes will refund the Buyer the full price paid for the Product, excluding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Sans Les Plumes has informed it of the impossibility of replacing the Product.
ARTICLE 9: OBLIGATIONS OF PURCHASERS
Buyers are solely responsible for their use of the Products. It is their responsibility to check the suitability of the Products for their specific needs prior to the purchase of the Products.
It is also the responsibility of the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any breach.
ARTICLE 10: LIABILITY OF WITHOUT FEATHERS
10.1
Sans Les Plumes undertakes to carry out regular checks to verify the functioning and accessibility of the Site. As such, Sans Les Plumes reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Sans Les Plumes cannot be held liable for any difficulties or impossibility of temporary access to the Site which arise from circumstances external to it, force majeure, or which are due to disturbances of telecommunications networks.
10.2
Sans Les Plumes does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.
10.3
In any event, the liability likely to be incurred by Sans Les Plumes under this Agreement is expressly limited only to the direct damage proven to have been suffered by the Buyers.
ARTICLE 11: INTELLECTUAL PROPERTY
The systems, software, structures, infrastructure, databases and content of any kind (text, images, visuals, music, logos, trademarks, database, etc.) operated by Sans Les Plumes within the Site as well as the models and Products sold by Sans Les Plumes are protected by any intellectual property rights or rights of the producers of databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Sans Les Plumes are strictly prohibited and may be the subject of legal proceedings.
ARTICLE 12: PERSONAL DATA
Without Les Plumes has a personal data protection policy, the characteristics of which are set out in the Charter on the protection of personal data, of which the Buyer is expressly invited to read.
ARTICLE 13: ADVERTISING
Sans Les Plumes reserves the right to insert on any page of the Site and in any communication to the Buyers any advertising or promotional messages in a form and under conditions of which Sans Les Plumes will be the sole judge.
ARTICLE 14: THIRD PARTY LINKS AND WEBSITES
Without Les Plumes shall not be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Buyer accesses via the Site.
Sans Les Plumes assumes no responsibility for the content, advertising, products and/or services available on such third party websites and mobile applications which are recalled to be governed by their own terms of use.
Sans Les Plumes is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any of its partners) to which the Buyer would be directed through the Site and cannot in any case be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations of any kind to which these third parties are bound.
ARTICLE 15: PROHIBITED BEHAVIOR
15.1
The following are strictly prohibited:
(i) Any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site.
(ii) Any intrusions or attempted intrusions into Sans Les Plumes systems,
(iii) Any misappropriation of the Site's system resources.
(iv) Any action likely to impose a disproportionate burden on the infrastructure of the latter.
(v) Any breaches of security and authentication measures.
(vi) Any act likely to infringe the financial, commercial or moral rights and interests of Sans Les Plumes or users of its Site.
(vii) Any practice diverting the Site for purposes other than those for which it was designed and finally more generally.
(viii) Any breach of these terms and conditions or applicable laws and regulations.
15.2
It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.
15.3
In the event of a breach of any of the provisions of this Article or, more generally, of violations of laws and regulations, Sans Les Plumes reserves the right to take all appropriate measures and to bring any legal action.
ARTICLE 16: AMENDMENTS
Sans Les Plumes reserves the right to modify at any time these general conditions of sale. In this case, the applicable conditions will be those in force on the date of the Buyer's order.
ARTICLE 17: LANGUAGE
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.
ARTICLE 18: APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by French law.
In the event of any dispute as to the validity, interpretation and/or performance of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to determine them, unless otherwise required by mandatory procedural rules.
ARTICLE 19: CHARACTERISTICS OF PRODUCTS
Prior to any online order and in application in particular of the provisions of Article L111-1 of the Consumer Code, the Buyer may be aware, on the Website, of the characteristics of each Product that he wishes to order.
The photographs and descriptions of the Products offered for sale online are as accurate as possible. They engage Sans Les Plumes only for what is specifically indicated. The Buyer is however informed and accepts that certain characteristics of the Products, and in particular their color, may not correspond exactly to the photographs presented on the Site, due to technical constraints.
ARTICLE 20: CONSUMER OMBUDSMAN
In the event of a dispute and after having contacted the professional's customer service, any customer has the possibility to contact a consumer mediator, within a maximum period of one year from the date of the written complaint, by LRAR, with this professional.
The contact details of the mediator that can be entered by the customer are as follows:
BAYONNE MEDIATION
32 rue du Hameau
64200 BIARRITZ
www.bayonne-mediation.com
