GENERAL CONDITIONS OF SALE
ARTICLE 1 – Vendor name
The website http://DeClermont.fr,
Hereafter “the Site”,
Is edited by:
DE CLERMONT SAS,
a simplified joint stock company with capital of 657,280.00 euros, whose head office is at ZA des Carlaires 38650 MONESTIER-DE-CLERMONT, registered on the register of trade and companies under number B 421 437 849.
Intra-community VAT number: FR 39 421 437 849
Activity: Manufacture, transformation, sale of any industrial products, particularly any products connected to people (footwear)
Tel: 33 (0)4 76 34 00 11
Hereafter “the Vendor”
Vendor’s after-sales / customer service contact details:
ZA des Carlaires 38650 MONESTIER DE CLERMONT
Tel: 33 (0)4 76 34 00 11
Email: contact@declermont.fr
ARTICLE 2 – General provisions relative to these General Conditions of Sale (hereafter referred to as the GCS)
2.1. Subject of the GCS
The GCS apply exclusively to the sale on the line of footwear products sold by the Vendor on the Site (the “Products”).
2-2. Field of application of the GCS
These GCS exclusively govern the relations between the Vendor and the non-professional purchasers that are the consumers who wish to buy the footwear products sold by the Vendor on his Site, hereafter referred to as “the Purchaser”.
These conditions apply to the exclusion of any other conditions, particularly those that apply to sale in shops or via other distribution and commercial circuits.
The original version of these GCS and all the contractual information mentioned on the Site is in French.
In particular, this information specifies the conditions for ordering and paying for Products, their delivery and returning Products ordered by Purchasers.
2-3. Availability and enforceability of the GCS
The GCS are available for Purchasers to consult directly on the Site.
The GCS are enforceable against the Purchaser who must tick a specific box to acknowledge that he has read and accepted them before completing his order, as well as the site’s general conditions of use.
The validation of the order implies that the Purchaser complies with the GCS in force on the day of the order, these being conserved and reproduced by the Vendor in compliance with article 1369-4 of the Civil Code.
The Purchaser acknowledges that he is able to contract and purchase the Products for sale on the Site.
2-4. Modifications of the GCS
The modifications of these GCS are enforceable against users of the Site from when they are put on line and cannot be applied to transactions completed prior to that date.
The validation of the order by the Purchaser implies full and unreserved acceptance of these GCS.
2.5. Clauses of the GCS
The nullity of a contractual clause does not result in the nullity of the rest of the GCS.
The temporary or permanent non-application of one or several clauses of the GCS by the Vendor does not mean that he waives the other clauses of the GCS which continue to be applied.
ARTICLE 3 - Presentation of the Products
The Products offered for sale and presented in the catalogue published on the Site are each accompanied by a description that mentions their main characteristics as required by article L. 111-1 of the Consumers Code. The Purchaser must look through these before giving an order.
The choice and purchase of a Product is the Purchaser’s sole responsibility.
The Purchaser must check the description of each Product to find out its main properties and particularities.
The Products offered for sale are described and presented as precisely as possible. However, the Vendor cannot be held responsible for any errors or omissions. The photos and texts describing the Products are only indicative and cannot be held to be contractual.
The method of use of the Product, if this is an essential element, is mentioned in the electronic catalogue or on delivery at the latest.
The Products comply with the French laws in force at the time they are put on the market and their performance is compatible with non-professional use.
ARTICLE 4 – Offers The Products presented on the Site are for sale in France.
The on-line sales offers presented on the Site are valid, unless a specific time limit is given, as long as the Products remain in the electronic catalogue and while stocks last. Product availability is indicated when the order is given.
If the ordered Products are unavailable, the Vendor will inform the Purchaser immediately and may suggest a Product of the same quality and price.
In case of disagreement, the Purchaser shall be refunded within two weeks of payment at the latest.
ARTICLE 5 – Orders
To order, after adding Products to his basket by selecting them and indicating the quantity required and after checking the specificities of his order (colour, quantity, size, price, etc.), the Purchaser clicks on the “Order” button/icon and gives his delivery and payment details.
For each order, the Purchaser must fill in a form with the following information: title, family name, first name, full delivery address, email address and telephone number.
Before confirming his payment method, the Purchaser can check the content of his order and the total price and go back to previous pages to correct any errors or alter his order.
The Vendor reserves the right to make alterations to the ordered Product(s) linked to technical developments in the conditions set out in article R. 132-2-1, V of the Consumer Code.
ARTICLE 6 - Contract
Any order made on the Site constitutes a contract agreed remotely between the Purchaser and the Vendor.
The sale is only considered final after it is confirmed to the Purchaser in the following conditions:
- reception by the Purchaser of the confirmation of payment of his order by email from the Vendor’s payment service;
- and reception by the Purchaser of a confirmation of his order by email sent by the Vendor.
The Vendor does not intend to sell the Products on the Site to professionals but only to consumers for their personal requirements.
The Vendor therefore reserves the right to refuse any order for legitimate reasons and more particularly if the quantity of Products ordered is abnormally high for Purchasers considered as ordinary consumers.
Communications, order forms and invoices are filed on a reliable and lasting medium in order to constitute a true, lasting copy in compliance with article 1348 of the Civil Code.
These communications, order forms and invoices may be produced as proof of the contract.
The contract may be terminated by the Purchaser in the conditions set out in article 10.1 in fine of the GCS.
The contract may be terminated by the Vendor in the case of:
• refusal by the Purchaser to take delivery;
• non-payment of the price.
ARTICLE 7 – Prices
The price, given in euros (€) net of tax and tax inclusive, must be paid in total when the Purchaser confirms his order.
The sale prices, in compliance with article L. 113-3 of the Consumer Code, are given, for each of the Products presented in the electronic catalogue, in euros net of tax and tax inclusive.
They do not include postage, delivery or transport costs which are invoiced separately and calculated before the Purchaser confirms the order.
These rates are firm and not adjustable during the period of validity given on the Site. The Product’s sale price is the one in force on the day of the order. When there is a special price offer, the Vendor undertakes to apply the special offer price to any order made during the duration of the offer.
The total amount owed by the Purchaser is given on the order confirmation page.
Delivery costs in France are as follows:
- 5.90 € tax inclusive if the tax inclusive order cost is 15.00 € or less;
- 3.90 € tax inclusive if the tax inclusive order cost is 15.01 €- 30.00 €;
- 2.90 € tax inclusive if the tax inclusive order cost is 30.01 €- 49.99 €;
- Free if the tax inclusive order cost is 50.00 € or more.
Delivery costs in EURO area, and United-Kingdom :
- 13 € tax inclusive if the tax inclusive order cost is 49.99 € or less;
- 10 € tax inclusive if the tax inclusive order cost is 50 € or more
(EURO area : Germany, Austria, Belgium, Spain, Finland, Greece, Ireland, Italy, Luxembour, Netherlands, Portugal, Slovenia)
An invoice is produced by the Vendor and sent to the Purchaser when the ordered products are delivered.
The Vendor reserves the right to change his prices at any time, whilst guaranteeing to the Purchaser application of the price in force on the day of order.
If the applicable VAT (Value Added Tax) rate changes, the sale price and the other charges will be adjusted up or down automatically without any other notice than the date of application of the new rate.
ARTICLE 8 - Conditions of payment
The total price must be paid on confirmation of the order by the Purchaser, using the secure payment system.
The Site uses a secure on-line payment system that allows the Purchaser to encrypt the transfer of his bank data: PAYPAL.
After confirming the delivery and invoice address, the Product and the total cost, the Purchaser gives his credit card number with the expiry date and the card security code. He confirms his order definitively by clicking “Confirm”.
PAYPAL sends the Purchaser an email confirmation of payment.
The Vendor is not obliged to deliver the Products ordered by the Purchaser if the Purchaser does not pay the total price in the conditions indicated above.
Credit card payments are debited at the time of order.
ARTICLE 9 – Following the order
The Purchaser can follow the order by contacting the Vendor’s customer service /after-sales department by email or telephone.
ARTICLE 10 – Delivery
The offers are only valid for Purchasers with a delivery address in France.
The Products are sent to the address given by the Purchaser on the order form.
The delivery is constituted by the transfer to the Purchaser of the physical possession or control of the Product.
Except in special cases or if one or several Products are unavailable, the Products ordered are delivered in a single package.
Delivery is carried out by COLISSIMO.
If the Purchaser requests special packaging and/or transport conditions for the Products ordered, that the Vendor accepts in writing, the associated costs will be invoiced separately following a quote accepted in writing by the Purchaser.
10-1: Time limit
The Products acquired by the Purchaser shall be delivered in France within a maximum time limit of 10 working days following reception of the order, to the delivery address given by the Purchaser in his order on the Site.
The Vendor undertakes to make every effort to deliver the Products ordered by the Purchaser within the time limit specified above. However, this time limit is given on an indicative basis.
However, if the ordered Products have not been delivered within a period of seven working days after the indicative date of delivery, for any other reason than force majeure or the Purchaser’s fault, the sale can be terminated on the Purchaser’s written request, in the conditions set out in articles L 138-2 and L 138-3 of the Consumer Code. The amount paid by the Purchaser shall then be refunded fourteen days maximum after the contract termination date, excluding any compensation or stoppage.
10-2: Treatment of packages that are not delivered by the delivery service
These are packages that have not been delivered to the recipient for the following reasons: incorrect address, not claimed, refused, damaged during transport.
Returns because of an incorrect address:
These are packages returned by the delivery service marked “Not known at this address”.
After the Vendor receives and accepts the package, he will contact the Purchaser to send the order again (after the Purchaser pays the postage costs), or to refund the order if the Purchaser prefers.
Returns because the package is UNCLAIMED:
These are packages that are not claimed from the Post Office by the recipient within the required time limit.
After the Vendor receives and accepts the package, he will contact the Purchaser to send the order again (after the Purchaser pays the postage costs), or to refund the order if the Purchaser prefers.
Returns because the package is REFUSED:
These are packages that are refused by the Purchaser when they are delivered.
After the Vendor receives and accepts the package, he will contact the Purchaser to send the order again (after the Purchaser pays the postage costs), or to refund the order if the Purchaser prefers.
10-3: Claims, reserves
The Purchaser must check the condition of the packaging and the delivered Products at the time of delivery.
If there is a delivery error or if the Product does not correspond to the order, the purchaser must send a claim to the Vendor’s customer service /after-sales department with a view to having the Product replaced or possibly terminating the order.
Reserves and claims can be sent to the customer service /after-sales department by email or registered letter with signed acknowledgement of receipt.
ARTICLE 11 – Transfer of ownership – Transfer of risk
The transfer of ownership of the Products ordered by the Purchaser shall only take place after full payment of the price, whatever the delivery date of the aforesaid Products.
On the other hand, whatever the date of transfer of ownership of the Products, the transfer of the risk of loss or damage of the ordered Products shall only take place on delivery and reception of the aforesaid Products by the Purchaser.
ARTICLE 12 – Right to withdraw
In compliance with the current legal provisions, the Purchaser benefits from a 14 day period from reception of the Product to exercise his right to withdraw from his contract with the Vendor, without having to justify his decision or pay any compensation, and to get an exchange or a refund, on condition that the Products are returned in their original condition and packaging, complete (packaging, accessories, instructions, etc.) and in perfect condition (so that they can be sold again), within a period of 14 days following the Purchaser’s notification to the Vendor of his decision to withdraw. Damaged, dirty or incomplete Products will not be taken back.
The right to withdraw can be exercised using the appropriate form that is available on the Site, or any other declaration that is totally unambiguous, expressing the desire to withdraw. An acknowledgement of receipt on a lasting medium will be sent immediately to the Purchaser by the Vendor.
If the right to withdraw is exercised within the time limit given above, only the cost of the Product(s) purchased and the delivery costs will be refunded; the costs of sending the products back must be paid by the Purchaser.
Exchanges (according to availability) and refunds will be sent within fourteen days following reception by the Vendor of the Products sent back by the Purchaser in the conditions listed in this article.
ARTICLE 13 - Guarantees
All the Products supplied by the Vendor benefit, ipso jure and without any additional payment, independent of the right of withdrawal, from the legal guarantee of conformity set out in articles L. 211-4 to L. 211-14 of the Consumer Code, covering defective and damaged Products or those that do not match the order, and a legal guarantee covering hidden defects set out in articles 1641 and following of the Civil Code, caused by a defect of material, design or manufacture of the Products delivered that makes them unusable.
These guarantees are not valid if the product is used incorrectly or for professional purposes, if the Purchaser is negligent or fails to maintain the product, or in the case of normal wear over time, accident or force majeure.
The Products covered by the guarantees must then be returned as new, complete and in their original condition and packaging after reception and confirmation of the claim by the after-sales department.
Under these guarantees, the Vendor undertakes to refund or exchange the defective or incorrect products, as the Purchaser prefers.
Claims made under these guarantees must be sent by email or registered post with acknowledgement of receipt to the customer service/after-sales department (address at the top of these GCS).
The Purchaser shall be refunded the cost of return postage within fourteen days of reception of the Product by the Vendor. The refund of these costs is limited to the cost of the least expensive standard delivery method that ensures that the Product will be received by the Vendor.
In order to benefit from these guarantees, the Purchaser must inform the Vendor (customer service /after-sales department) in writing:
- of the existence of the hidden defects within two years maximum after discovering them,
- or, in the case of non-conformity, within two years maximum after delivery of the Product ordered on the Site.
The Purchaser is solely responsible for the choice of Products and their conservation and use.
ARTICLE 14 – Data Protection
In application of law no 78-17 of January 6, 1978, you are reminded that the personal data the Purchaser is asked to provide is required to process orders and draft invoices, in particular.
Processed personal data received through the website has been declared to the CNIL (National Commission for Data Protection).
In accordance with current national and European law, the Purchaser enjoys a permanent right to access, alter, rectify and oppose his personal data.
This right may be exercised by writing to the Vendor’s customer service / after-sales department (address at the top of these GCS).
ARTICLE 15 – Intellectual property rights
The Site content and the elements reproduced on the current site (photographs, visuals, texts, drawings and images) are the property of the Vendor and its partners and are protected by French and international law relative to intellectual property rights.
Any total or partial reproduction of this content is strictly unlawful and offenders may be subject to prosecution.
ARTICLE 16 – Pre-contractual Information - Purchaser agreement to GCS
The Purchaser’s order implies full acceptance of these general conditions.
Therefore, the fact of a natural person or legal entity ordering from the Site implies membership and full acceptance of these GCS, which is expressly recognized by the Purchaser, who waives the right to use any conflicting document which would prejudice the Vendor’s rights.
The Purchaser acknowledges that he has seen these GCS and all the information set out in a legible and comprehensible manner in articles L111-1 to L111-7 of the Consumer code prior to making his order, in particular:
- the essential characteristics of the Product, taking the communication medium used into account and the Product concerned;
- the price of the Products and any additional costs (postage, for example);
- if the contract is not to be carried out immediately, the date or timeline within which the Vendor undertakes to deliver the Product;
- the information relative to the Vendor’s identity, his postal, telephone and electronic data and his activities, if this is not already apparent from the context;
- the information relative to the legal guarantees and how they can be implemented;
- the functionalities of the digital content and, if necessary, its interoperability;
- the possibility of mediation to find an agreement in the case of a dispute;
- the information relative to the right to withdrawal (existence, conditions, time limit, how to exercise this right and standard withdrawal form), the cost of returning Products, the methods of cancellation and other important contractual conditions.
ARTICLE 17 – Applicable law
This contract and the GCS that govern it are subject to French law.
Any request relative to this article must be sent by email to: contact@declermont.fr
ARTICLE 18 - Disputes
Any disputes arising from the application of the GCS following a purchase, concerning their validity, interpretation, execution, cancellation or consequences and which cannot be resolved between the Vendor and the Purchaser will be submitted to the relevant courts under the conditions of ordinary law.
The Purchaser is informed that he may in any event use conventional mediation, in particular the Commission of Consumer Mediation (Consumer Code art. L 534-7) or any alternative method of settling disputes (conciliation, for example) in the case of a disagreement.
GCS put on line on January 26, 2016