General terms and conditions of sale
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale (the "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale ("the Products") by the Seller on the https://www.exploruns.com/ website. The Products offered for sale on the site are the following:
Leather mask, cork mask, protective fabric
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the https://www.exploruns.com/ website, which the customer must read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
Product offers are subject to availability of stock, as specified when the order is placed.
These GTC are accessible at any time on the https://www.exploruns.com/ website and will prevail over any other document.
The Customer declares that he has read and accepted these GCS by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the https://www.exploruns.com/ website.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
25 rue Charles Floquet
Registration number: 83117470100019
The Products presented on the https://www.exploruns.com/ website are offered for sale in the following territories: France.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will be automatically calculated net of tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of the Customer.
ARTICLE 2 - PRICES
The Products are supplied at the prices in force on the https://www.exploruns.com/ website, at the time the order is recorded by the Seller.
Prices are expressed in Euros, excluding VAT and all taxes.
The prices take into account possible reductions which would be granted by the Seller on the site https://www.exploruns.com/.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, 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 these fees.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the https://www.exploruns.com/ website the Products he wishes to order, according to the following terms and conditions:
The Customer chooses a Product which he puts in his basket, Product which he can delete or modify before validating his order and accepting the present general conditions of sale. He will then enter his details or log in to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions.
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered valid only after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any error.
Any order placed on the site https://www.exploruns.com/ constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer will be possible only before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).
ARTICLE 3A - CUSTOMER AREA - ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide true and accurate information about his marital status and contact details, including his email address.
The Customer is responsible for updating the information provided. It is specified to him that he can modify them by logging into his account.
To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from any disclosure thereof.
Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: firstname.lastname@example.org. This will be effective within a reasonable period of time.
In the event of non-compliance with the general conditions of sale and/or use, the site https://www.exploruns.com/ will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic means and remained without effect.
Any account deletion, for whatever reason, will result in the outright deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.
The creation of the account implies the acceptance of these general terms of sale.
ARTICLE 4 - TERMS OF PAYMENT
The price is paid by secure payment, according to the following modalities:
- credit card payment
The price is payable cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider for banking transactions carried out on the https://www.exploruns.com/ website.
Payments made by the Customer shall not be considered final until the Seller has effectively collected the sums due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 - DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France by Colissimo.
Deliveries are made within the postal delays to the address indicated by the Customer when ordering on the site.
Delivery is the transfer of physical possession or control of the Product to the Customer. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 30 days. after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request 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 days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, on the basis of a quotation previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered. He has a period of 14 days from delivery to make complaints by email (email@example.com), accompanied by all the relevant evidence (photos in particular). After this period and failing to comply with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GCS.
The transfer of the risks of loss and deterioration relating thereto shall only be effected when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril, except when the Customer has itself chosen the carrier. As such, the risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer shall only take place once the Customer has paid the price in full, regardless of the delivery date of the said Products.
ARTICLE 7 - RIGHT OF WITHDRAWAL
Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of retraction.
The contract is therefore concluded definitively as soon as the Customer places the order according to the terms and conditions specified in these GCS.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products or
damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to statutory guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was made at his expense by the contract or was carried out under his responsibility. »
Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
- If it is fit for the use ordinarily expected of a similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- 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 knowledge of the seller and accepted by the latter. »
Article L217-12 of the Consumer Code
"An action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods. »
Article 1641 of the Civil Code.
"The seller is bound by the guarantee on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, for a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention. »
In order to assert its rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller shall reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of the receipts.
Refunds, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and no later than 15 days following the Seller's discovery of the lack of conformity or latent defect. This reimbursement may be made by bank transfer or cheque.
The Seller shall not be liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- 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 do not engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 - PERSONAL DATA
The Customer is informed that the collection of its personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the https://www.exploruns.com/ website are the following:
- Opening an account
When creating the account Client / user :
Surname, first names, postal address, telephone number and e-mail address.
As part of the payment for the Products offered on the https://www.exploruns.com/ website, the latter records financial data relating to the bank account or credit card of the Customer/user.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, from 25 May 2018, of Regulation 2016/679 on the protection of personal data.
9.4 limitation of treatment
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, please note that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the https://www.exploruns.com/ website have the following rights:
- They may update or delete their data as follows:
Write to us at firstname.lastname@example.org with the following subject line: "Deletion of my personal data. ».
- They may delete their account by writing to the e-mail address indicated in Article 9.3 "Data controller".
- They may exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller".
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Seller to another service provider.
- Finally, they may object to the processing of their data by the Seller.
These rights, as long as they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose details are indicated above.
The controller must provide a response within a maximum period of one month.
In the event of a refusal to grant the Customer's request, reasons must be given.
The Client is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the site https://www.exploruns.com/ is the property of the Vendor 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 likely to constitute an offence of counterfeiting.
ARTICLE 11 - APPLICABLE LAW - LANGUAGE
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - DISPUTES
For any complaint, please contact the customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these Terms and Conditions of Sale.
The Customer is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
In this case, the appointed mediator is:
60 rue la Boétie, 75008 Paris
The Client is also informed that he may also resort to the Online Dispute Resolution (ODR) platform:
All disputes to which the purchase and sale operations concluded in application of these GCS and which would not have been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.