Terms and Conditions

ARTICLE 1 – IDENTIFICATION OF THE SELLER

SARL FLOS
12 Route de Saint-Maixent – 79200 POMPAIRE
844 573 253 RCS NIORT

05 49 70 63 73
contact@chaussuresdegatine.fr
chaussuresdegatine.fr

ARTICLE 2 – SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by FLOS, LLC (“the Seller”) to consumers and non-professional buyers (“the Customers” or “the Customer”) (also referred to individually as “a Party” and collectively as “the Parties”) wishing to purchase the products offered for sale by the Seller (“the Products”) on the website www.chaussuresdegatine.fr

In particular, they specify the terms and conditions governing orders, payment, delivery, and the handling of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by specific terms and conditions, which are set forth on the website, prior to any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, including those applicable to in-store sales or sales through other distribution and marketing channels.

These General Terms and Conditions of Sale are systematically provided to all Customers prior to placing an order and shall, where applicable, take precedence over any other version or conflicting document.

They are available at any time on the website www.chaussuresdegatine.fr

The Customer hereby declares that they have read and accepted these General Terms and Conditions of Sale prior to placing their order. By confirming the order, the Customer unconditionally and unreservedly accepts these General Terms and Conditions of Sale.

As these Terms and Conditions of Sale are subject to future changes, the version applicable to the Customer’s purchase is the one in effect on the website as of the date the order is placed.

Amendments to these Terms and Conditions of Sale are binding on users of the website www.chaussuresdegatine.fr as of the date they are posted online and do not apply to transactions concluded prior to that date.

ARTICLE 3 – PRODUCTS OFFERED FOR SALE

The Products offered for sale are those described on the website www.chaussuresdegatine.fr on the date the Customer visits the website, subject to availability. This information is automatically updated in real time. However, SARL FLOS shall not be held liable for any error in the update, regardless of its cause. Accordingly, SARL FLOS shall not be held liable for the cancellation of an order for a Product due to stock depletion.

The main characteristics of the Products—including all material information required by applicable regulations, such as specifications, illustrations, and details regarding the Products’ dimensions or capacity—are presented on the website www.chaussuresdegatine.fr in the product descriptions and the Seller’s catalog.

The Customer is required to review these terms before placing any order.

The selection and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics displayed on the website www.chaussuresdegatine.fr are not binding and do not constitute a commitment on the part of the Seller.

The Customer is required to review the description of each Product to learn about its features, key characteristics, and delivery times.

The terms and conditions are provided in French and are confirmed no later than when the Customer submits the order.

Product offers are subject to availability, as specified at the time the order is placed.

Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions entered into with the Customer.

In accordance with the French Data Protection Act of January 6, 1978, as strengthened and supplemented by the GDPR (General Data Protection Regulation), which took effect on May 25, 2018, the Customer has the right, at any time, to access, rectify, object to, erase, and transfer all of their personal data by writing, via mail and providing proof of identity, to the Seller’s address mentioned above.

The Customer acknowledges that they have the legal capacity to enter into a contract and purchase the Products offered on the website www.chaussuresdegatine.fr

ARTICLE 4 – ORDERS

4-1. Placing an Order

It is the Customer’s responsibility to select the Products they wish to order on the website www.chaussuresdegatine.fr, in accordance with the following terms and conditions:

The Customer may select as many Products as they wish. These Products will be added to the shopping cart, which lists the Products selected by the Customer along with their prices and associated fees.

The Customer has the opportunity to review the details of their order and the total price, and to correct any errors before confirming their acceptance. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report or correct any errors.

An order is placed on the website www.chaussuresdegatine.fr when the Customer accepts these Terms and Conditions of Sale by checking the box provided for that purpose and confirms the order. This confirmation implies acceptance of these Terms and Conditions of Sale in their entirety, as well as the Terms of Use for the website www.chaussuresdegatine.fr

The sale is final only after the Seller sends the Customer an email confirming acceptance of the order, which must be sent without delay and after the Seller has received payment in full.

Any order placed, accepted by the Customer, and confirmed by the Seller, in accordance with the terms and conditions described above, on the website www.chaussuresdegatine.fr constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is an outstanding dispute regarding payment for a previous order.

The customer will then receive an email update on the status of their order.

4-2. Modifying the order

Once confirmed and accepted by the Seller under the terms described above, the order cannot be modified.

4-3. Order Cancellation

Once confirmed and accepted by the Seller under the terms described above, the order cannot be canceled, except in cases where the right of withdrawal is exercised or in cases of force majeure.

ARTICLE 5 – RATES

The prices of the Products are listed on the website www.chaussuresdegatine.fr in euros, including VAT.  

All prices shown are calculated and include the value-added tax (VAT) applicable in France or the VAT applicable in the European Union country of delivery.

When the Customer orders Products for delivery to overseas territories or outside the European Union, the Customer is considered the importer of the Products. As such, the Customer must comply with all laws and regulations of the country in which the Products are received. The Customer may be subject to import duties and taxes, which are collected when the package arrives at its destination.

Unless otherwise specified at the time of the Order, the Seller is responsible for any customs duties and applicable taxes on the Products.

The prices reflect any discounts that may be offered by the Seller on the website www.chaussuresdegatine.fr

These prices are fixed and non-negotiable during their period of validity, as indicated on the website www.chaussuresdegatine.fr; the Seller reserves the right to modify prices at any time outside of this period of validity. They do not include processing, shipping, transportation, and delivery fees, which are billed as additional charges under the terms specified on the website www.chaussuresdegatine.fr and calculated prior to placing the order.

The payment requested from the Customer is equal to the total purchase amount, including these fees.

An invoice is issued by the Seller and provided to the Customer after payment for the ordered Products.

Any announcement of a price reduction must specify the price charged by the Seller prior to the application of the price reduction, with this prior price defined as the lowest price charged by the Seller to all Customers during the thirty days preceding the application of the price reduction.

ARTICLE 6 – PAYMENT TERMS

Payment for the Products is due in full upon the Customer’s confirmation of the Order, in accordance with the following terms:

• by credit card: Carte Bancaire, Visa, MasterCard, American Express, and other credit cards
• PayPal

Payment by credit card is final, except in cases of fraudulent use of the card. In such cases, the Customer may request a refund of the payment and the return of the corresponding amounts

Payments made by the Customer will not be considered final until the amounts due have been actually received by the Seller

ARTICLE 7 – DELIVERY OF ORDERED PRODUCTS / TERMS OF USE AND MAINTENANCE OF PRODUCTS

7.1 Delivery of Ordered Products

Delivery of the Products means the transfer to the Customer of physical possession or control of the ordered Products.

In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by a user manual, installation instructions, and a written notice stating the right to raise objections.

Delivery is made, at the Customer’s discretion, either by picking up the Products at the selected pickup location or by having the Products delivered to the mailing address provided by the Customer.

Shipping is handled by the carrier selected by the Customer based on the option chosen at the time of order confirmation.

Products ordered by the Customer will generally be delivered within a maximum of six (6) weeks for deliveries within mainland France and eight (8) weeks for international deliveries, with this period beginning on the first business day following confirmation of the Order.

Unless there are special circumstances or one or more Products are unavailable, the ordered Products will be delivered in a single shipment.

The Seller agrees to use its best efforts to deliver the products ordered by the Customer within the timeframes specified above.

However, these deadlines are provided for informational purposes only.

If the ordered Products have not been delivered within 14 days of the estimated delivery date, for any reason other than force majeure or the Customer’s fault, the Customer may notify the Seller, in accordance with the terms set forth in Article L 216-6 of the French Consumer Code:

• or the suspension of payment of all or part of the price until the Seller complies, under the conditions set forth in Articles 1219 and 1220 of the Civil Code (defense of non-performance),
• or the termination of the sale, after having given the Seller formal notice to perform within a reasonable additional period of time, which the Seller has failed to meet.

The contract may be terminated immediately if the Seller refuses to perform its obligations, or if it is clear that the Seller will be unable to deliver the Products, or if the failure to meet the delivery deadline constituted an essential condition of the sale for the Customer.

In the event of cancellation of the sale, any amounts paid by the Customer will be refunded no later than fourteen days following the date of cancellation of the contract, with no compensation or deductions

The Seller assumes all risks associated with shipping and is required to reimburse the Customer for any damage caused during shipping.

The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and that the Customer has no recourse against the Seller in the event of failure to deliver the goods being transported.  

The Customer is required to inspect the condition of the delivered products. The Customer has a period of FOURTEEN (14) days from the date of delivery to submit in writing any reservations or claims regarding non-conformity, defects, or apparent flaws in the delivered Products (e.g., damaged or already opened packages, etc.), as well as in the event of failure to provide the user manual or installation instructions, along with all relevant supporting documentation (including photographs). After this period and in the absence of compliance with these formalities, the Products shall be deemed compliant and free from any apparent defects.

Please note that the fact that the Customer does not raise any objections upon delivery of the Products does not relieve the Seller of its warranty of conformity, as described below.

7.2 Conditions for Use and Maintenance of the Products

The Customer agrees to review and comply with the terms of use for the Products, which are available on the Website. A leaflet containing care instructions is provided to the Customer upon delivery of the Product(s).

However, the Seller shall not be held liable for any misuse, improper maintenance, and/or intensive use of the Products by the Customer.

The Customer agrees not to resell the ordered Product(s) and undertakes to use them strictly for personal purposes.

ARTICLE 8 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK

Ownership of the Seller’s Products shall not pass to the Customer until the Customer has paid the full purchase price, regardless of the date of delivery of the Products.

Regardless of the date of transfer of ownership of the Products, the transfer of the risk of loss or damage to the Products shall not take place until the Customer physically takes possession of the Products, which are therefore shipped at the Seller’s risk.

ARTICLE 9 – RIGHT OF WITHDRAWAL

In accordance with applicable law, the Customer has fourteen days from receipt of the Products to exercise their right of withdrawal with the Seller, without having to provide a reason or pay a penalty, for the purpose of an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of the Customer’s decision to withdraw.

Returns must be in their original condition and include all components (packaging, accessories, instructions, etc.) so that they can be resold as new, and must be accompanied by the original sales receipt.

Damaged, soiled, or incomplete products will not be accepted for return.

The right of withdrawal may be exercised online using the withdrawal form provided in Appendix 1, in which case the Seller will immediately provide the Customer with a confirmation of receipt in a durable medium, or by any other unambiguous statement expressing the intention to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased Product(s) and the shipping costs will be refunded; the Customer is responsible for the return shipping costs.

The refund will be issued within 14 days of the Seller being notified of the decision to cancel the purchase.

ARTICLE 10 – SELLER’S LIABILITY – WARRANTY

The products sold on the website www.chaussuresdegatine.fr comply with current French regulations and are designed for non-professional use.

The Products supplied by the Seller are automatically covered, at no additional cost, and independently of the right of withdrawal, in accordance with applicable law:

• under the legal warranty of conformity, for Products that appear to be defective, damaged, or do not match the order,
• the statutory warranty against hidden defects arising from a defect in materials, design, or workmanship that affects the delivered products and renders them unfit for use.

10-1. Legal Warranty of Conformity

The Seller agrees to deliver goods that comply with the contractual description and with the criteria set forth in Article L217-5 of the Consumer Code.

The Seller is liable for any defects in conformity that exist at the time of delivery of the Products and that become apparent within two years of such delivery.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code; the statute of limitations begins to run on the date the Customer becomes aware of the lack of conformity.

Any defects in conformity that become apparent within twenty-four months of the delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery.

In the event of a lack of conformity, the Customer may demand that the delivered Products be brought into conformity through repair or replacement; failing that, the Customer may demand a price reduction or rescission of the sale, in accordance with the law.

The Buyer may also withhold payment of all or part of the purchase price until the Seller has fulfilled its obligations under the statutory warranty of conformity, in accordance with Articles 1219 and 1220 of the Civil Code.

It is the Customer’s responsibility to request that the Seller bring the Products into compliance, choosing between repair and replacement. The Product must be brought into compliance within a period not exceeding thirty days following the Customer’s request.

Repair or replacement of the non-conforming Product includes, where applicable, the removal and return of the Product, as well as the installation of the Product that has been brought into compliance or replaced.

Any product brought into compliance under the legal warranty of conformity is covered by a six-month extension of that warranty.

If a non-conforming Product is replaced and the Seller has failed to bring it into conformity despite the Customer’s request, the replacement triggers a new statutory warranty period for the Customer, effective from the date of delivery of the replaced Product.

If the requested remedy is impossible or would entail disproportionate costs under the conditions set forth in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions set forth in Article L 217-12 of the French Consumer Code are not met, the Customer may, after issuing a formal notice, seek specific performance of the remedy initially requested, in accordance with Articles 1221 et seq. of the French Civil Code.

The Customer may also demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.

If the lack of conformity is so serious that it justifies a price reduction or immediate cancellation of the sale, the Customer is not required to first request repair or replacement of the nonconforming Product.

The price reduction is proportional to the difference between the value of the Product delivered and the value of that item if it were free from the lack of conformity.

If the sale is canceled, the Customer will be refunded the purchase price upon return of the non-conforming Products to the Seller, at the Seller’s expense.

The refund will be issued upon receipt of the non-compliant Product or proof of its return by the Customer, and no later than fourteen days thereafter, using the same payment method the Customer used at the time of purchase, unless the Customer expressly agrees otherwise, and in any event without any additional charges.

The foregoing provisions are without prejudice to any award of damages to the Customer for losses incurred as a result of the lack of conformity.

10-2. Legal Warranty Against Hidden Defects

The Seller is liable for hidden defects under the statutory warranty against hidden defects arising from defects in materials, design, or workmanship that affect the delivered products and render them unfit for use.

The Customer may choose to invoke the warranty against hidden defects in the Products in accordance with Article 1641 of the Civil Code; in such a case, the Customer may choose between rescission of the sale or a reduction in the purchase price in accordance with Article 1644 of the Civil Code.

10-3. Disclaimer of Warranties

The Seller shall not be held liable in the following cases:

• failure to comply with the laws of the country in which the Products are delivered, which the Customer is responsible for verifying before placing an order,
• in the event of misuse, use for commercial purposes, negligence, or failure to maintain the Product on the part of the Customer, as well as in the event of normal wear and tear of the Product, an accident, or force majeure.

Legal warranties of conformity and against hidden defects:

The consumer has two years from the date of delivery of the goods to invoke the statutory warranty of conformity if a lack of conformity arises. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it appeared. The statutory warranty of conformity imposes an obligation on the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods. The legal guarantee of conformity entitles the consumer to have the good repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them. If the good is repaired under the legal guarantee of conformity, the consumer is entitled to a six-month extension of the original warranty. If the consumer requests repair of the product but the seller insists on replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement. The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract by receiving a full refund upon return of the goods, if: 1) The seller refuses to repair or replace the goods; 2) The repair or replacement of the goods occurs after a period of thirty days; 3) The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if the consumer bears the costs of installing the repaired or replacement goods; 4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity. The consumer is also entitled to a price reduction or to rescind the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to request repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the goods are out of service for repair or replacement suspends the remaining warranty period until the repaired goods are delivered. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. A seller who, in bad faith, obstructs the enforcement of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).The consumer is also entitled to the legal warranty against hidden defects pursuant to Articles 1641 through 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is retained or to a full refund upon return of the item

ARTICLE 11 – PROTECTION OF PERSONAL DATA

Pursuant to Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, please note that the personal data requested from the Customer is necessary for processing their order and issuing invoices, among other purposes.

This information may be shared with the Seller’s partners responsible for fulfilling, processing, managing, and paying for orders.

The processing of information provided through the website www.chaussuresdegatine.fr complies with legal requirements regarding the protection of personal data, as the information system used ensures optimal protection of such data.

In accordance with applicable national and European regulations, the Customer has the right to access, modify, correct, object to, request portability of, and restrict the processing of information concerning him or her at any time.

This right may be exercised under the terms and conditions set forth in the “Legal Notice” section of the website – Chaussures de Gâtine (chaussuresdegatine.fr).  

ARTICLE 12 – INTELLECTUAL PROPERTY

The content of the website www.chaussuresdegatine.fr is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 13 – FORESEEABLE CIRCUMSTANCES

In the event of unforeseeable changes in circumstances at the time the contract is concluded, in accordance with the provisions of Article 1195 of the Civil Code, the party that did not agree to assume the risk of excessively onerous performance may request that the other party renegotiate the contract.

ARTICLE 14 – FORCE MAJEURE

The Parties shall not be held liable if the failure to perform or the delay in performing any of their obligations, as described herein, results from a force majeure event, as defined in Article 1218 of the Civil Code.

ARTICLE 15 – TERMS OF TERMINATION

Please note that, in accordance with applicable law, a contract may be terminated electronically if it was originally entered into electronically or if, on the date of termination, the Seller offers Customers the option to enter into contracts electronically.

To this end, a free feature is made available to the Customer, enabling them to submit, electronically, the notice and all necessary steps for terminating the contract; the Seller must acknowledge receipt by informing the Customer, in writing, within a reasonable time, of the date on which the contract ends and the effects of the termination.

ARTICLE 16 – GOVERNING LAW – LANGUAGE

These Terms and Conditions of Sale and any transactions arising therefrom are governed by French law.

They are written in French. If they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 17 – DISPUTES

Any disputes arising from purchase and sale transactions entered into pursuant to these General Terms and Conditions of Sale—including those concerning their validity, interpretation, performance, termination, consequences, and effects—that cannot be resolved between the Seller and the Customer shall be submitted to the competent courts in accordance with the provisions of general law.

The Customer is informed that, in any event, they may seek recourse to conventional mediation, in particular through the Consumer Mediation Commission (Consumer Code Art. L 612-1) or through existing sector-specific mediation bodies, whose contact information is available on the website www.chaussuresdegatine.fr, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute.

The contact information and procedures for filing a complaint with the mediator are as follows:

The Association of European Mediators – Consumer Mediation (AME Conso)

197 Boulevard Saint-Germain – 75007 PARIS

In the event of a dispute, the Customer may file a complaint with AME Conso:

• – or online (https://www.mediationconso-ame.com) by filling out the form provided for this purpose and submitting the supporting documents for their application.
• – or by mail: AME Conso, 197 Boulevard Saint-Germain, 75007 Paris, along with the documents supporting the request.

If the dispute must be brought before the courts, it is noted that, pursuant to Article L 141-5 of the Consumer Code, the consumer may, at his or her discretion, bring the matter before either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where he or she was residing at the time the contract was concluded or the harmful event occurred.

It should also be noted that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform to facilitate the independent, out-of-court resolution of online disputes between consumers and businesses in the European Union.

ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CUSTOMER’S ACCEPTANCE

The Customer acknowledges that the Seller has provided clear and understandable information, by making these General Terms and Conditions of Sale available, prior to the Customer’s immediate purchase or the placement of the order, and in accordance with the provisions of Article L 221-5 of the French Consumer Code:

• regarding the essential characteristics of the Products, including specifications, illustrations, and information on dimensions or capacity, enabling the Customer to purchase the Products with full knowledge of the facts, particularly with regard to their conditions of use. The photographs and graphics presented are not binding and do not engage the Seller’s liability. The Customer is required to refer to the description of each Product to learn about its essential properties and characteristics
• regarding the price of the Products and related fees
• regarding the terms of payment, delivery, and performance of the sales contract;
• in the absence of an immediate sale, regarding the delivery times for the ordered Products;
• regarding the Seller’s identity and all of their contact information;
• regarding the existence and terms of implementation of warranties (the statutory warranty of conformity, the warranty against hidden defects, any
• regarding the option to use a consumer mediator, whose contact information is provided in these General Terms and Conditions of Sale, in accordance with the provisions of the Consumer Code
• information on the right of withdrawal (existence, conditions, time limit, procedures for exercising this right, and a standard withdrawal form), termination procedures, the handling of complaints, and other important contractual terms and conditions; and, where applicable, the costs associated with the use of the means of distance communication, the existence of codes of conduct, and financial deposits and guarantees;
• about accepted payment methods.

By placing an order on the website www.chaussuresdegatine.fr, the Customer fully and unconditionally agrees to and accepts these General Terms and Conditions of Sale and undertakes to pay for the Products ordered. The Customer expressly acknowledges this and waives, in particular, the right to rely on any conflicting document that would be unenforceable against the Seller.

APPENDIX 1 – Withdrawal Form

This form must be completed and returned only if the Customer wishes to cancel an order placed on www.chaussuresdegatine.fr, subject to any exclusions or limitations on the right of cancellation set forth in the applicable Terms and Conditions of Sale.

 

To the attention of FLOS, LLC

12 Route de Saint-Maixent – 79200 POMPAIRE

contact@chaussuresdegatine.fr

I hereby give notice of my withdrawal from the contract regarding the order for the products listed below:

• Ordered on ……. / Received on ………
• Order number: …………………………………………………..
• Client Name: …………………………………………………………………
• Customer's Address: ……………………………………………………………..

Customer's signature (only if this form is submitted in paper form):

Date: ……………………………