TERMS OF SALE
Comapny title: ROUGE DU RHIN
Legal status and share capital S.A.R.L.
Headquarters : 4 Passage Hanriot
Postal Code: 92400
Telephone: + 33 1 4334 3940
Fax: + 33 1 4334 3941
Intra-community VAT: FR 65402634828
Siret: 402 634 828 000 22
• General Conditions of Sale
Any order of a product contained within the Rouge du Rhin e-shop assumes the prior consultation of the general sales conditions.
You can only place an order if you accept all of the provisions laid down below.
Any order will be exclusively governed by these general conditions of sale, to the exclusion of any other condition of purchase.
The clicking on the validation link after you have filled in your purchase order constitutes confirmation of your order and will be signify the irrevocable acceptance of these general conditions. The screen will show your final consent to a contract with Rouge du Rhin for the products that you have selected, subject of your right of withdrawal as referred to in article 12 and to the possible application of provisions of article 10 of these general conditions of sale.
The goods on offer within this electronic shop are for sale by the company Rouge du Rhin
Overview of the essential characteristics of the goods and services offered.
Indication of the total price to pay for goods and services offered is in Euro, all taxes included. The prices shown do not include the contribution to the import taxes.
Information on methods of payment, delivery and execution.
Existence of a right of withdrawal.
Validity of the offer and the price.
The customer acknowledges having, prior to placing the order, read the whole of the above information and general conditions of sale.
The customer, prior to ordering the product, confirms that the acquisition of the product is not related to professional activity, the acquisition is reserved for personal use only.
As the consumer, the customer therefore has specific rights, which would be called into question in the products purchased in the e-shop were in fact related to professional activity. In addition the customer confirms their legal capacity to commit to these general conditions.
The intention behind the current conditions of sale is to define the rights and obligations of concerned parties in the distance selling of goods through the Rouge du Rhin E-shop.
The present contract is formed, listed by descending order of legal value of the following documents:
The present general conditions of sale.
The purchase order.
3-Placing an order
Any order confirmed by clicking on the validation link, constitutes an irrevocable commitment of the customer which cannot be called into question except in the cases comprehensively laid down in this contract in the articles "Right of withdrawal" and "Execution of the order “.
The completion of the contract will only take place only at the time of the confirmation of the order by Rouge du Rhin. The customer will receive by e-mail an acknowledgment of their receipt of the confirmation of the order, with all the constituent elements of the contract (ordered products, prices, shipping costs ...)
Rouge du Rhin reserves the option to decline an order for whatever reason, for example due to problem of supply of products, or due to problem concerning the order received.
5-Duration of the offer
The offers contained in this site are valid as long as the related products remain online and until the depletion of stock occurs.
6-Price - Invoice
The prices are indicated in Euro. The amounts indicated in dollars or in other currencies are provided for informational purposes only. The guaranteed price to the buyer is the one displayed on the site at the time of purchase. The price fixed at the time of purchase is firm and final. It does not include the cost of delivery which will be indicated in the order confirmation.
For a delivery within the European Union, the price shall take account of the VAT applicable to the day of the order. Prices therefore include VAT.
No other customs duties or VAT will be added for a delivery within the European Union. Any change in the applicable VAT rate will be reflected in the retail price of the products in the catalogue.
For delivery outside of the European Union, the customer will have to pay the customs duties, VAT or other taxes related to the import of the products into the country where they are delivered.
Any organisation relating such additional taxes to are also at the exclusive responsibility of the client, unless otherwise indicated. The customer is solely responsible for verifying compliance of the delivery to the law of the territory of the country to which items are delivered. An invoice will be issued by Rouge du Rhin. The customer must specify the invoicing address.
The payment of the total price is due at the time of the order. The client undertakes to settle the price stipulated for the product ordered on the Site (the price of products and transportation) as well as to settle directly with any monies due to the freight forwarder or carrier, customs duties, VAT or other taxes due at the point of import into the country where the goods are delivered.
The client can pay using one of the credit cards specified on the site. Customer guarantees that they have full permission and authority to use the method of payment that they choose to use on the Rouge du Rhin site upon the placing of an order.
8-Default of payment - reservation of ownership
The products ordered shall remain the property of Rouge du Rhin until the final and full payment is received, in accordance with the terms of Act no.80 335 of the May 12, 1980. Rouge du Rhin reserves the right to claim the products ordered in case of payment default.
In this event and on first request of Rouge du Rhin, the customer undertakes to return any product not paid for, completely at his own expense.
9-Transfer of risks
The transfer of risk to the customer takes place on delivery of the products by Rouge du Rhin to the carrier. The products are traveling at the customer''s own risk. The same is true in cases of sending or returning products sent carriage free. During the withdrawal period mentioned in article 15 below, the customer is responsible for the products as a guardian. In the case of damage to or destruction of the product during the care of the client, the latter will suffer the consequences.
10-Execution of the order
The order will be executed at the earliest possible time and in any event no later than within 30 days following the confirmation of the order subject to the availability of the product ordered and unless specific agreement between the parties.
In the event of an failure of stock or the unavailability of the product ordered, Rouge du Rhin undertakes to inform the customer at the earliest point and to clarify when the product will become available.
The client will confirm by e-mail their choice either to wait for the availability of the product or to be reimbursed.
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.
The delivery is deemed to be completed at the moment of delivery to the carrier.
The delivery slip delivered by the carrier, dated and signed by the customer at the delivery of the product will be evidence of transport and issue.
Once the delivery has arrived, the customer must check the contents, the accuracy of the order and the condition of the product or products.
In case of delays, damage, total loss or partial, or some other problem, it is the responsibility of the customer to exercise any remedy with the carrier without the responsibility of Rouge du Rhin which can never be called into question.
Of this fact, at the time of delivery, Rouge du Rhin recommends that the client checks the status of the products delivered before signing the acknowledgment of receipt of the package.
If the client finds anomalies, it must refuse the delivery of the products or make a handwritten, precise and dated list of issues. These issues must be confirmed with the carrier by registered letter with acknowledgment of receipt within three (3) working days following the delivery of the products. A copy must be sent to Rouge du Rhin.
Expressly considered as cases of force majeure, in addition to those usually retained by the jurisprudence of the Courts and French courts; strikes total or partial, internal or external to the enterprise, blocking the means of transport or of supply for whatever reason, governmental restrictions or legal, computer failures, blockage of telecommunications including networks and especially the Internet. The occurrence of an event of force majeure shall suspend, for a time, by right, 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 cancelled, unless otherwise agreed by the two parties.
13-Withdrawal of products in case of absence of the client
In case of absence of the recipient at the time of delivery, the carrier will file a notice of passage to the delivery address indicated by the customer. The products will have to be removed from the address and in the manner specified by the carrier.
In case of non-withdrawal within the deadlines set by the carrier, the goods will be returned to Rouge du Rhin which reserves the right to refund the price of the products, the costs of port remaining the responsibility of the customer.
Claims for non-compliance of the products delivered with the order must be sent in writing immediately to Rouge du Rhin upon receipt. The customer must keep the packaging and the delivery slip. In case of error on the product, the customer undertakes to return the said product or products concerned within a period of 7 days following their receipt to Rouge du Rhin under the condition that they are returned without opening of their packaging, in their condition and original packaging with the accompanying materials.
On receipt of the product in good and due form, Rouge du Rhin will return, at its expense, the product originally ordered.
15-Right of Withdrawal
The customer has, within a period of 7 working days of the delivery of their order, a right to return, at their own expense, for exchange or refund, products which do not suit him in accordance with article L 121-16 of the Consumer Code.
If this time expires on a Saturday, a Sunday or a public holiday, it is extended until the next business day. The product returned must be in its original condition and packaging. It should not have been used, or have suffered from deterioration even if minimal and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalties, with the exception of the cost of return. Within a maximum period of 30 days from the receipt of the product, the customer will be reimbursed of the sums paid. To this effect, the client will communicate to Rouge du Rhin their bank details.
In order to avoid any inconvenience the products are verified by Rouge du Rhin before their shipment. However, the customer has a contractual warranty against all defects that could present the product delivered for a period of 3 months from delivery subject to a normal use and complies with the recommendations contained in the documents related to the products and modes of employment that are included with the articles. In any event, the products sold benefit from the legal warranty against latent defects provided for by articles 1641 and following of the Civil Code.
Finally, some products have an extended warranty. In these cases, the terms and duration of warranty are specified in the warranty card that comes with the product. The latter does not cover the damage, breaks or malfunctions due to non-compliance with the precautions.
For the implementation of the guarantee, the customer should return the product to Rouge du Rhin at his expense by attaching the original invoice. The product will be exchanged for an identical product and send to the customers address at the expense of Rouge du Rhin, except in the event of shortage of stock or disappearance of the product from the range sold by Rouge du Rhin. In this last senario, Rouge du Rhin will refund of the purchase price of the product to the customer.
The personal information requested from the customer is essential for the carrying out of and routing of the orders, the preparation of invoices and for any potential warranty agreements. This information will be not communicated to anybody.
The "Clicking the validation link" constitutes an electronic signature. This electronic signature has between the parties the same value as a handwritten signature.
The computerized records, kept in the computer systems of Rouge du Rhin in conditions of reasonable safety 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 platform so that they can be produced in evidence.
Rouge du Rhin is licensee of the intellectual property rights on the site. Accordingly, the partial or total reproduction, on any medium whatsoever, of the component elements of the site and the catalogue, their use as well as their placing at the disposal of third parties is expressly prohibited.
The present general conditions of sale express the entirety of the obligations of the parties.
No other general condition or special requirement communicated by the customer will affect or derogate from the current general conditions.
Should Rouge du Rhin not to avail itself of a breach by the customer from any of its obligations this should not be construed as a waiver of the obligation concerned and Rouge du Rhin may avail itself of this right later.
If one or more stipulations of these terms is held invalid or declared such in the application of a law or regulation, or as a result of a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and scope.
The present contract is subject to French law, both for substantive rules and rules of form. The Court of Nanterre will remain the exclusive arbiter in case of disputes regarding the current sale, even in the case of disputes concerning warranties, or in the case of plurality of plaintiffs.