ARTICLE 1 – SELLER IDENTIFICATION
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 concluded by SARL FLOS (« the Seller ») with consumers and non-professional buyers (« The Clients or the Client ») (also individually referred to as « a Party » and collectively as « the Parties ») wishing to purchase products offered for sale by the Seller (« The Products ») on the website www.chaussuresdegatine.fr
They specify, in particular, the conditions for ordering, payment, delivery, and handling of any returns of Products ordered by Clients.
These General Terms and Conditions of Sale may be supplemented by specific conditions, stated on the website, prior to any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
These General Terms and Conditions of Sale are systematically communicated to every Client prior to placing an order and will prevail, if applicable, over any other version or contradictory document.
They are accessible at any time on the website www.chaussuresdegatine.fr
The Client declares having read and accepted these General Terms and Conditions of Sale before placing their order. The Client's order validation signifies their unrestricted and unreserved acceptance of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale may be subject to future modifications; therefore, the version applicable to the Client's purchase is the one in effect on the website on the date the order is placed.
Modifications to these General Terms and Conditions of Sale are binding on users of the www.chaussuresdegatine.fr website from the moment they are posted online and cannot apply to transactions concluded previously.
ARTICLE 3 – PRODUCTS OFFERED FOR SALE
The Products offered for sale are those described on the www.chaussuresdegatine.fr website on the day the Client consults the website, subject to stock availability. These indications are updated automatically in real-time. However, an update error, regardless of its origin, does not engage the responsibility of SARL FLOS. As such, SARL FLOS cannot be held responsible for the cancellation of a Product order due to stock depletion.
The main characteristics of the Products, including all substantial information required by applicable regulations, notably specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the www.chaussuresdegatine.fr website in the product sheets and the Seller's catalog.
The Client is required to review these before placing any order.
The choice and purchase of a Product are the sole responsibility of the Client.
The photographs and graphics presented on the www.chaussuresdegatine.fr website are not contractual and cannot engage the Seller's responsibility.
The Client is required to refer to the description of each Product to understand its properties, essential features, and delivery times.
Contractual information is presented in French and is confirmed at the latest when the Client validates the order.
Product offers are valid within the limits of available stock, as specified when the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the Client has, at any time, a right to access, rectify, object to, erase, and port all of their personal data by writing, by mail and providing proof of identity, to the Seller's address mentioned above.
The Client acknowledges having the required capacity to contract and acquire the Products offered on the www.chaussuresdegatine.fr website.
ARTICLE 4 – ORDERS
4-1 . Placing an order
It is the Client's responsibility to select the Products they wish to order on the www.chaussuresdegatine.fr website, according to the following terms:
The Client may select as many Products as they wish. These Products will be added to the cart, which summarizes the Products chosen by the Client, as well as the prices and associated costs.
The Client has the option to review the details of their order, its total price, and correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any errors immediately.
An order is registered on the www.chaussuresdegatine.fr website when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general terms of use of the www.chaussuresdegatine.fr website.
The sale is only final after the Seller sends the Client an email confirming acceptance of the order, which must be sent without delay and after the Seller has received full payment.
Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and according to the terms described above, on the www.chaussuresdegatine.fr website constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The Client will then receive updates on their order by email.
4-2. Order Modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
4-3. Order Cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except in the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 5 – PRICES
The prices of the Products are indicated on the website www.chaussuresdegatine.fr in euros, including VAT.
All displayed prices are calculated and include the value-added tax (VAT) applicable in France or in the country of delivery located within the European Union.
When the Customer orders Products to be delivered overseas or outside the European Union, they are considered the importer of the Products. As such, they must comply with all laws and regulations of the country where they receive the Products. The Customer may be subject to import duties and taxes, which are levied when the package arrives at its destination.
Unless otherwise specified during the Order, the Seller covers any customs duties and taxes applicable to the Products.
The prices take into account any reductions granted by the Seller on the website www.chaussuresdegatine.fr
These prices are firm and non-revisable during their period of validity, as indicated on the website www.chaussuresdegatine.fr, with the Seller reserving the right to modify prices at any time outside this period of validity. They do not include processing, shipping, transport, and delivery costs, which are charged additionally, under the conditions indicated on the website www.chaussuresdegatine.fr and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total purchase amount, including these costs.
An invoice is issued by the Seller and provided to the Customer after payment for the ordered Products.
Any price reduction announcement must indicate the price charged by the Seller before the price reduction was applied, this previous price being 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
Products are payable in full upon validation of the Order by the Customer, using the following methods:
- by bank cards: Carte Bancaire, Visa, MasterCard, American Express, other bank cards
- Paypal
Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In such a case, the Customer may request the cancellation of the payment and the refund of the corresponding amounts.
Payments made by the Customer will only be considered final after effective receipt of the amounts due by the Seller.
ARTICLE 7 – DELIVERY OF ORDERED PRODUCTS / PRODUCT USE AND MAINTENANCE CONDITIONS
7.1 Delivery of ordered products
The delivery of Products refers to the transfer of physical possession or control of the ordered Products to the Customer.
In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of Products is accompanied by the provision of the user manual, installation instructions, and a written document mentioning the possibility of making reservations.
Delivery occurs, according to the Customer's choice, either by picking up the Products at the selected collection point or by receiving the Products at the postal address indicated by the Customer.
Shipping is handled by the service chosen by the Client when confirming their Order.
Products ordered by the Client will be delivered within a maximum of six (6) weeks for deliveries within Metropolitan France and eight (8) weeks for international deliveries. This period begins on the first business day after the Order is confirmed.
Unless there is a special circumstance or one or more Products are unavailable, ordered Products will be delivered in a single shipment.
The Seller commits to making every effort to deliver the products ordered by the Client within the aforementioned deadlines.
However, these deadlines are indicative only.
If the ordered Products have not been delivered within 14 days after the estimated delivery date, for any reason other than force majeure or the Client's actions, the Client may notify the Seller, in accordance with the provisions of Article L 216-6 of the Consumer Code, to:
- either suspend payment of all or part of the price until the Seller fulfills its obligations, under the conditions set out in Articles 1219 and 1220 of the Civil Code (exception for non-performance),
- or cancel the sale, after formally requesting the Seller to perform within a reasonable additional period that the Seller has failed to meet.
The cancellation may be immediate if the Seller refuses to perform, if it is clear that they will be unable to deliver the Products, or if the unfulfilled delivery deadline was an essential condition of the sale for the Client.
In the event of sale cancellation, sums paid by the Client will be refunded no later than fourteen days following the contract termination date, with no compensation or deductions.
The Seller assumes the risks of transport and is liable to reimburse the Client for any damages incurred during transit.
The Client therefore acknowledges that the carrier is responsible for delivery and has no warranty recourse against the Seller in the event of non-delivery of the transported goods.
The Client is required to inspect the condition of the delivered products. They have FOURTEEN (14) days from delivery to submit in writing any reservations or complaints regarding non-conformity, defects, or apparent flaws in the delivered Products (e.g., damaged or already opened package), or in case of missing user manuals or installation instructions, along with all relevant supporting documents (including photos). After this period, and if these formalities have not been observed, the Products will be deemed compliant and free from any apparent defects.
It is reminded that the Client's failure to make reservations upon delivery of the Products does not exempt the Seller from the conformity guarantee, as described below.
7.2 Product Use and Maintenance Conditions
The Client agrees to read and comply with the Product use conditions, which are available on the Site. A notice with maintenance advice is provided to the Client upon delivery of the Product(s).
However, the Seller cannot be held responsible for improper use, poor maintenance, and/or intensive use of the Products by the Client.
The Client is prohibited from reselling the ordered Product(s) and agrees to use them strictly for personal purposes.
ARTICLE 8 – TRANSFER OF OWNERSHIP AND RISKS
Ownership of the Products will transfer from the Seller to the Client only after full payment of the price by the Client, regardless of the Products' delivery date.
Regardless of the date of ownership transfer, the risks of loss and deterioration of the Products will transfer only when the Client takes physical possession of them. Therefore, the Products travel at the Seller's risk until that point.
ARTICLE 9 – RIGHT OF WITHDRAWAL
In accordance with current legal provisions, the Client has a fourteen-day period from the receipt of the Products to exercise their right of withdrawal with the Seller, without needing to provide reasons or pay a penalty, for an exchange or refund. This is conditional on the Products being returned in their original packaging and in perfect condition within 14 days following the Client's notification to the Seller of their decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, manual, etc.), allowing them to be resold as new, and must be accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted for return.
The right of withdrawal can be exercised online, using the withdrawal form available in Annex 1, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by any other unambiguous declaration expressing the will to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the return costs remain the responsibility of the Customer.
The reimbursement will be made within 14 days from the notification to the Seller of the decision to withdraw.
ARTICLE 10 – SELLER'S LIABILITY – WARRANTY
Products sold on the website www.chaussuresdegatine.fr comply with current regulations in France and offer performance suitable for non-professional use.
Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- from the legal guarantee of conformity, for Products that are apparently defective, damaged, or do not match the order,
- from the legal guarantee against hidden defects resulting from a material, design, or manufacturing flaw affecting the delivered products and rendering them unfit for use.
10-1 . Legal Guarantee of Conformity
The Seller undertakes to deliver goods that conform to the contractual description and to the criteria set out in Article L217-5 of the Consumer Code.
The Seller is liable for any lack of conformity existing at the time of delivery of the Products and appearing within a period of two years from that date.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code, with the limitation period beginning on the day the Customer becomes aware of the lack of conformity.
Any lack of conformity that appears within twenty-four months from the delivery of the Products is presumed to have existed at the time of delivery, unless proven otherwise.
In the event of a lack of conformity, the Customer may demand that the delivered Products be brought into conformity through repair or replacement or, failing that, a price reduction or cancellation of the sale, under the legal conditions.
The Customer may also suspend payment of all or part of the price until the Seller has fulfilled its obligations under the legal guarantee of conformity, in accordance with Articles 1219 and 1220 of the Civil Code.
It is up to the Customer to request that the Seller bring the Products into conformity, choosing between repair and replacement. The goods will be brought into conformity within a period not exceeding thirty days following the Customer's request.
The repair or replacement of the non-conforming Product includes, if applicable, its removal and retrieval, as well as the installation of the conforming or replaced Product.
Any Product brought into conformity under the legal guarantee of conformity benefits from a six-month extension of this guarantee.
In the event of replacement of a non-conforming Product when, despite the Customer's choice, conformity has not been achieved by the Seller, the replacement initiates a new legal guarantee of conformity period for the Customer, starting from the delivery of the replaced Product.
If the requested conformity is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue specific performance of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Finally, the Customer may demand a price reduction or cancellation of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.
When 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 the repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the Product delivered and the value of the goods in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer will be reimbursed the price paid upon return of the non-conforming Products to the Seller, at the Seller's expense.
Reimbursement will be made upon receipt of the non-conforming Product or proof of its return by the Customer, and no later than fourteen days thereafter, using the same payment method as that used by the Customer during payment, unless expressly agreed otherwise by the Customer and in any event without additional cost.
The preceding provisions do not preclude the potential award of damages to the Client for the harm suffered by the latter due to the lack of conformity.
10-2 . Legal Warranty Against Hidden Defects
The Seller is liable for hidden defects under the legal warranty against hidden defects resulting from a material, design, or manufacturing flaw affecting the delivered products and rendering them unfit for use.
The Client may decide to invoke the warranty against hidden defects of the Products in accordance with Article 1641 of the Civil Code; in this case, they may choose between rescinding the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
10-3 . Exclusion of Warranties
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country where the Products are delivered, which the Client is responsible for verifying before placing their order,
- in case of misuse, professional use, negligence, or lack of maintenance by the Client, as well as in case of normal wear and tear of the Product, accident, or force majeure.
Legal Warranties of Conformity and Hidden Defects:
The consumer has a period of two years from the delivery of the goods to enforce the legal warranty of conformity in the event of a defect in conformity appearing. During this period, the consumer is only required to establish the existence of the defect in conformity and not the date of its appearance. When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the stipulated supply period.
During this period, the consumer is only required to establish the existence of the defect in conformity affecting the digital content or digital service and not the date of its appearance. The legal warranty of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal warranty of conformity entitles the consumer to the repair or replacement of the goods within thirty days following their request, free of charge and without major inconvenience to them. If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer requests the repair of the goods, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if: 1° The professional 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 permanently bears the costs of taking back or removing the non-conforming goods, or if they bear the installation costs of 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 also has the right to a reduction in the price of the goods or to the termination of the contract when the defect in conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not required to request the repair or replacement of the goods beforehand. The consumer does not have the right to terminate the sale if the defect in conformity is minor.
Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until the delivery of the repaired goods.
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 implementation of the legal warranty of conformity incurs a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles them to a price reduction if the goods are kept or a full refund upon return of the goods.
ARTICLE 11 – PERSONAL DATA PROTECTION
In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client are necessary for processing their order and for issuing invoices, among other things.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the website www.chaussuresdegatine.fr complies with legal requirements regarding personal data protection, with the information system used ensuring optimal protection of this data.
The Client has, in accordance with current national and European regulations, a permanent right to access, modify, rectify, object to portability, and limit the processing of information concerning them.
This right can be exercised under the conditions and according to the procedures defined 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 total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 13 – UNFORESEEABILITY
In the event of unforeseen changes in circumstances at the time of contract conclusion, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract with its co-contracting party.
ARTICLE 14 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 15 – TERMS OF TERMINATION
It is reminded that, in accordance with legal provisions, contract termination by electronic means is possible when the contract was concluded electronically or when, on the day of termination, the Seller offers Clients the possibility to conclude contracts electronically.
To this end, a free feature is made available to the Client, allowing them to electronically complete the notification and all necessary steps for contract termination. The Seller must acknowledge receipt by informing the Client, on a durable medium and within a reasonable timeframe, of the contract's termination date and the effects of the termination.
ARTICLE 16 – GOVERNING LAW – LANGUAGE
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 – DISPUTES
All disputes that may arise from the purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, and implications, and which could not be resolved between the Seller and the Client, shall be submitted to the competent courts under ordinary law.
The Client is informed that they may, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references are listed on the website www.chaussuresdegatine.fr, or to any alternative dispute resolution method (conciliation, for example) in case of a dispute.
The contact details and procedures for contacting the mediator are as follows:
The Association of European Mediators – Consumer Mediation AME Conso
197 Boulevard Saint-Germain – 75007 PARIS
In case of a dispute, the Client may contact AME Conso:
- – either online (https://www.mediationconso-ame.com) by completing the dedicated form provided for this purpose, accompanied by documents supporting their request.
- – or by postal mail: AME Conso, 197 Boulevard Saint-Germain, 75007 Paris, accompanied by documents supporting their request.
If the dispute must be brought before the courts, it is recalled that, pursuant to Article L 141-5 of the Consumer Code: the consumer may choose to refer the matter, in addition to one of the territorially competent jurisdictions under the Code of Civil Procedure, to the jurisdiction of the place where they resided at the time of the contract's conclusion or the occurrence of the harmful event.
It is also recalled that, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union.
ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CLIENT ACCEPTANCE
The Client acknowledges having been informed by the Seller in a clear and understandable manner, through the provision of these General Terms and Conditions of Sale, prior to their immediate purchase or order placement and in accordance with the provisions of Article L 221-5 of the Consumer Code, regarding:
- the essential characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, enabling them to purchase the Products with full knowledge, particularly regarding their conditions of use. The photographs and graphics presented are not contractual and cannot engage the Seller's liability. The Client is required to refer to the description of each Product to ascertain its essential properties and specific features.
- the price of the Products and associated costs;
- the terms of payment, delivery, and execution of the sales contract;
- in the absence of immediate execution of the sale, the delivery times for ordered Products;
- the Seller's identity and all their contact details;
- the existence and implementation procedures of warranties (the legal guarantee of conformity, guarantee against hidden defects, any potential);
- the possibility of resorting to a consumer mediator, whose contact details are provided in these General Terms and Conditions of Sale, under the conditions stipulated in the Consumer Code;
- the right of withdrawal (existence, conditions, deadline, procedures for exercising this right, and standard withdrawal form), termination procedures, complaint handling, and other important contractual conditions and, where applicable, the costs of using distance communication techniques, the existence of codes of conduct, and financial guarantees and sureties.
- on accepted payment methods.
By ordering on the website www.chaussuresdegatine.fr, a Customer fully and completely agrees to and accepts these General Terms and Conditions of Sale and is obligated to pay for the Products ordered. This is expressly acknowledged by the Customer, who specifically waives the right to rely on any contradictory 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 withdraw from an order placed on www.chaussuresdegatine.fr, subject to any exclusions or limitations on the right of withdrawal as per the applicable General Terms and Conditions of Sale.
To the attention of SARL FLOS
12 Saint-Maixent Road – 79200 POMPAIRE
contact@chaussuresdegatine.fr
I hereby notify my withdrawal from the contract for the order of the products listed below:
- Ordered on ……. / Received on ………
- Order number: …………………………………………………..
- Customer name: …………………………………………………………………
- Customer address: ……………………………………………………………..
Customer signature (only if this form is submitted on paper):
Date: ……………………………