GENERAL CONDITIONS OF SALE - INTERNET
In force on 15/01/2022
ARTICLE 1 - SCOPE
These General Terms and Conditions of Sale (known as "GTCS") apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers ("the customers or the customer"), wishing to acquire the products. offered for sale ("The Products") by the Seller on the site ruchepremier.com. The Products offered for sale on the site are as follows:
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the site ruchepremier.com which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are understood to be within the limits of available stocks, as specified when placing the order.
These GTCS are accessible at any time on the Ruchepremier.com site and will prevail over any other document.
Customers declare that they have read these GTCS and have accepted them by checking the box provided for this purpose before implementing the online ordering procedure for the ruchepremier.com site.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows :
Maison Ruche Premier
41, rue de la Scierie
88800, Vittel, Vosges, France
Headquarter Ruche Premier
39 rue Émile Coué
54000 Nancy, France
ARTICLE 2 - PRICE
The Products are supplied at the rates in effect on the ruchepremier.com site, when the order is registered by the Seller.
The prices are expressed in US Dollars, and / or Euros including tax.
The prices take into account any reductions that may be granted by the Seller on the ruchepremier.com site.
These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including costs.
An invoice is established by the Seller and given to the Customer upon delivery of the products ordered.
ARTICLE 3 - ORDERS
It is the Customer's responsibility to select the Products he wishes to order on the ruchepremier.com site, according to the following terms:
The Customer chooses a Product that he puts in his basket, a Product that he can delete or modify before confirming his order and accepting these general conditions of sale. He will then enter his details or connect to his space. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after receipt by the seller of full payment of the amount. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the ruchepremier.com site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
ARTICLE 4 - TERMS OF PAYMENT
The amount is paid by secure payment, according to the following terms:
- Payment by credit card (Stripe)
For payment by credit card, the card is debited only when the order is shipped.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the ruchepremier.com site.
Payments made by customers will only be considered final after actual receipt of the sums due by the seller.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 - DELIVERY OF PRODUCTS AND SERVICES
The Products ordered by the Customer will be delivered within the possible territorial limits.
Deliveries are made within two (2) to fifteen (15) days after receipt of payment at the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller undertakes to do its best for the products ordered by the Customer within the time limits specified above. However, these deadlines are provided for information only.
If the Products ordered have not been delivered within fifteen (15) days after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer is responsible for calling upon a carrier of his own choosing, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claim against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional invoicing, on an estimate previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. He has fourteen (14) days from delivery to formulate complaints by mail, accompanied by all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered, for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in article L 217-4. following of the Consumer Code and those provided for in these GTCS.
The transfer of the related risks of loss and deterioration will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller, except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller's Products will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded at a distance, following an action telephone or off-site without having justified its decision or bearing costs other than those provided for in Articles L. 221-23 to L.221-25.
The period mentioned in the first paragraph runs from the day:
1- The conclusion of the contract, for service provision contracts and those mentioned in article L.221-4;
2- Receipt of the goods by the consumer or a third party, other than the carrier designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good. "
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site for any other declaration, unambiguous, expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The remaining return costs borne by the Customer.
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - SELLER'S RESPONSIBILITIES - GUARANTEES
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. it also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. "
Article L217-5 of the Consumer Code
"The good is in accordance with the contract:
1- If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that it presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect, from the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2- Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. "
Article 1648 paragraph 1 of the Civil Code
"The action resulting from fatal defects must be brought by the purchaser within two years of the discovery of the defect. "
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the products or of the existence of hidden defects from their discovery.
The seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Return costs will be borne by the Customer.
Refunds and replacements of products deemed non-compliant or defective will be made as soon as possible and no later than thirty (30) days following the Seller's finding of the lack of conformity or the hidden defect. This reimbursement will be made with the same means of payment as that used for the purchase.
The Seller's liability cannot be engaged in the following cases:
- Failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 9 - INFORMATION AND FREEDOMS
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing their order and preparing invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the ruchepremier.com site has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modifications, rectifications and objections concerning information concerning him.
This right can be exercised in accordance with the procedures described in the “legal notices” section of the ruchepremier.com site.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the ruchepremier.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTCS and the operations resulting from them are governed and subject to French law.
These GTCS are written in English. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTCS.
The Client is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
According to Regulation (EU) N ° 524/2013 relating to “Online consumer dispute resolution” and article L156-2 of the Consumer Code, you benefit from an independent, impartial, transparent, efficient extrajudicial procedure, speedy and fair resolution of disputes arising from the online sale of goods or services. This procedure is implemented through a freely accessible European platform.
You can access this platform at the following address: http://ec.europa.eu/consumers/ord
The Client is also informed that he can also use the Online Dispute Resolution (ODR) platform: https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = main. home.show
All disputes to which the purchase and sale transactions concluded in application of these GTCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under common law conditions.
ARTICLE 13 - ReForestAction DONATION
From now on, Ruche Premier undertakes without contractuality to contribute part of the profit from sales to the ReforestAction association. The financial counterpart does not commit Ruche Premier to the association and can be canceled at any time by Ruche Premier without reason or official information. No partnership is signed with the company Ruche Premier and the association reforestaction. Cumulative donations will take place randomly and anonymously directly on the ReforestAction.com .