A French simplified joint-stock company (société par actions simplifiée) with a share capital of €10,000.
37 route de l’Océan, Multipole, 56470 Saint-Philibert – France
Registered at the Lorient Companies & Commercial Registry under number B 532 396 934
Email address: email@example.com
Telephone: +33 (0)2 97 85 50 75
Tax identification (VAT no.): FR66 532 396 934
Sales terms and conditions for products sold on www.spindrift.shop
Last update: 1st December 2016
Article 1 – Purpose – General provisions on the Sales Terms and Conditions
These sales terms and conditions (hereinafter “T&Cs”) govern the online sale of products by SPINDRIFT on the website www.spindrift.shop (hereinafter the “Website”) to any purchaser deemed a consumer within the meaning of the preliminary Article of the French Consumer Code (hereinafter the “Customer”).
The T&Cs, along with the online order, constitute the contractual documents that are enforceable against the parties.
The T&Cs are exclusively applicable to the products delivered to Customers established in France and/or in the rest of the EU, and/or in Switzerland and/or in the rest of the world.
The T&Cs as well as all the contractual information mentioned on the Website are drafted in the French language and in the English language.
The T&Cs are made available to the Customers on the Website, where they may be directly consulted at any time.
The T&Cs are applicable to the Customer who acknowledges, by ticking a special box, having read and accepted them before placing an order.
By validating and confirming the order, the Customer accepts the T&Cs in force on the date of the order which are kept and reproduced by SPINDRIFT in accordance with the provisions of Articles 1127-2 of the French Civil Code and L. 213-1 of the Consumer Code.
SPINDRIFT reserves the right to modify its T&Cs at any time.
In case of a change of T&Cs, the applicable T&Cs are those in force on the date the order is validated and communicated to the Customer on a durable medium in accordance with the provisions of Article L 221-13 of the French Consumer Code.
Article 2 – Products
2.1 Each Product marketed on the Website is described in Product information that may be consulted on the Website devoted to it (the “Product Information”).
The Product Information contains the main characteristics of the Product in accordance with Article L.111-1 of the French Consumer Code and particularly the following information:
- The Product description and its main characteristics;
- The Product price;
- Product availability;
- Availability period of any spare parts;
- User guide / instructions for use of the Product;
- Any commercial warranty granted.
The Products comply with applicable French law on health and safety of persons, fair commercial transactions and the protection of consumers at the time they are placed on the market.
2.2 The Products are offered for sale and delivered within the limit of available stocks.
For non-stored Products, SPINDRIFT’s offers are valid subject to availability at its own suppliers.
If the Products are unavailable after your order is placed, SPINDRIFT shall inform the Customer by email. Its order will be automatically cancelled and no bank debit will be made. No indemnity will be due to the Customer by SPINDRIFT in case of unavailability of one or more Products.
2.3 The Website markets its Products only to consumers and does not therefore have to sell the Products in large quantities. Therefore, SPINDRIFT reserves the right to refuse orders of over 10 identical articles.
Article 3 – Price
The prices of each of the Products are indicated in Euros including taxes (VAT and other applicable taxes on the order date), and excluding processing and delivery costs invoiced as a supplement depending on the delivery method chosen (standard or express).
The applied price is the price that appears on the Website on the date the order is validated by the Customer.
The total amount due by the Customer is indicated on the order confirmation page before it is finally validated by the Customer.
In the event of a promotion, SPINDRIFT undertakes to apply the promotional price to any order placed during the promotional period and meeting the conditions of the promotion.
In case of an order to another country than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be due. These duties and amounts are not due by SPINDRIFT. You are responsible and fully liable for them, both in terms of declaring and paying them to the competent authorities and bodies of your country. We advise you to gather information on these aspects from your local authorities.
All types of orders whatsoever are payable in Euros.
SPINDRIFT reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the applicable rate at the time the order is finally validated by the Customer and subject to availability.
THE PRODUCTS REMAIN THE PROPERTY OF SPINDRIFT SAS UNTIL FULL PAYMENT OF THE PRICE.
Attention: as soon as you physically take possession of the ordered products, the risks of loss or damage to the products are transferred to you.
Article 4 – Offer
The online sales offers presented on the Website are reserved for Customers residing in France and/or in the rest of the EU, and/or in Switzerland and/or in the rest of the world and for deliveries in these same geographic zones.
The online sales offers presented on the Website are valid, unless a specific duration is indicated, so long as the Products appear in the electronic catalogue and in the limit of available stocks.
Acceptance of SPINDRIFT’s offer by the Client is validated, in accordance with the double-click process, by the order confirmation.
Article 5 – Order
5.1 All orders must be placed online on the Website.
SPINDRIFT reserves the right not to register a payment or to refuse an order in case of a supply problem, or for legitimate reasons in case of a difficulty concerning the order received (quantity, incomplete bank details, no indication of bank details, etc.). In this case, SPINDRIFT shall inform the Customer by email.
The Customer must have the legal capacity to enter into a contract.
To place an order, the Customer shall create an account by logging in with an email address and a password. These login details are strictly personal.
Any loss or omission shall be reported rapidly to SPINDRIFT’s Customer Service department, either by completing the contact form on the Website or by clicking on the window (password forgotten). An email will then be sent with the forgotten password.
5.2 An order implies acceptance of these T&Cs.
By finally validating the order, the Customer fully and entirely accepts these T&Cs, without exception or reserve. The Customer represents being fully aware thereof.
All the data provided and the confirmation recorded will constitute proof of the transaction.
5.3 The Customer must follow the following steps to place an order:
- The Customer puts the Product(s) he wishes to buy in the virtual checkout. Delivery costs will be added to the price of the Products;
- The Customer indicates the order delivery address;
- The Customer checks the details of its order and the total price incl. VAT indicated (price of the Products and delivery costs);
- The Customer acknowledges the existence of an obligation to pay the order and then validates the order;
- The Customer makes payment of the order;
- The Customer receives an email from SPINDRIFT confirming or refusing the order, including a summary of the information of the order as well as the T&Cs in PDF format.
Any change of the order by the Customer after confirmation of its order by SPINDRIFT may only be taken into account before shipment of the ordered Products: it is therefore subject to the prior written acceptance of SPINDRIFT which cannot guarantee that the changes requested by the Customer after confirmation will be taken into account.
SPINDRIFT reserves the right to make changes to the ordered Product that are related to technical developments in the conditions set forth in Article R. 212-4 of the French Consumer Code.
5.4 The contract of sale is formed at the time the Customer pays the price of the Products and their delivery after confirmation of its order.
5.5 The order may be terminated by the Customer by registered mail with return receipt requested or by email to the address firstname.lastname@example.org in the event of:
- Delivery of a product that does not comply with the Product’s declared characteristics;
- Delivery exceeding the deadline specified in the purchase order or, if no date is specified, within (30) thirty days of concluding the contract, after SPINDRIFT had been ordered, in the same terms and without result, to make the delivery within an extra reasonable deadline.
The order may be terminated by SPINDRIFT in the event of:
- refusal by the Customer to take delivery;
- non-payment of the price (or balance of the price) on the date of shipment of the order.
Article 6 – Payment
By validating its order, the Customer undertakes to pay the price indicated.
The purchases are paid only by credit card or through the Paypal secure system, or through the e-transaction secure system proposed by Crédit Agricole of Bretagne.
The card is not debited until the order is shipped. In the event of staggered deliveries, only the shipped products are debited.
Article 7 – Withdrawal
Pursuant to the provisions of Article L.221-18 of the French Consumer Code, the Customer has a period of 14 (fourteen) days as from receipt of the Products to exercise its right of withdrawal without having to justify the reasons or pay any penalty.
The Products shall be returned to SPINDRIFT in their original and full condition (Products, accessories, notice). The Customer thus bears the return costs and assumes the related risks. Any damage to the product may preclude the right of withdrawal.
The return costs are borne by the Customer.
If the right of withdrawal is exercised on all the Products in the same order, SPINDRIFT will refund the price of the returned Products and standard delivery costs within a maximum of fourteen (14) days of the notification of the request and via the same means of payment as that used for the order. Such refund will not generate any costs for the Customer.
In the event of a partial withdrawal, i.e. if the Customer keeps part of the products concerned, the delivery costs will not be reimbursed.
To exercise this right, a standard withdrawal form to be sent to SPINDRIFT is provided at the end of this document.
Article 8 – Delivery
Delivery means the transfer to the Customer of the physical possession or control of the Products.
The Products are delivered to the delivery address indicated by the Customer during the order process, within the period indicated on the order validation page.
In event of late delivery, an email will be sent to the Customer to inform it about any consequence on the delivery date indicated at the time of the order.
In accordance with legislation, in the event of late delivery, the Customer may cancel the order in the terms and conditions defined in Article L 216-2 of the French Consumer Code. In this case, SPINDRIFT will refund the order and the delivery costs in the conditions of Article L. 216-3 of the French Consumer Code, within a period of fourteen (14) days as from the date on which the contract was terminated.
All deliveries (France, Overseas and International) are made by the French postal service “Colissimo” offered by La Poste. SPINDRIFT shall not be held liable for any late delivery due exclusively to the Customer’s unavailability to receive the package.
If the delivered Product does not comply with the order, the Customer shall send a claim to SPINDRIFT in order to obtain the replacement of the Product or the cancellation of the sale.
A total non-delivery shall lead to the automatic termination of the contract of sale.
It is recalled that the Product Information contains, if applicable, for each Product, the indication of the period during which the spare parts necessary for using the Product are available on the market. The Customer then has access to this information before concluding the contract of sale in accordance with Article L.111-4 of the French Consumer Code.
Article 9 – Warranty
All Products sold by SPINDRIFT shall be covered by the statutory warranty of compliance mentioned in Articles L. 217-4 through L. 217-12 of the French Consumer Code and the warranty against hidden defects provided by Articles 1641 et seq. of the French Civil Code. In the event of non-compliance of a Product sold, it may be returned, exchanged or reimbursed.
The warranties do not apply in the event of normal wear and tear (batteries, drive heads, etc.) or due to abnormal use of the Product, failure related to poor connection of the Product or non-compliance with the user guide, a shock, incorrect use or maintenance or causes external to the Product (all cases of force majeure including, in particular, lightening, water damage, etc.).
To enforce the statutory warranty of compliance, the Customer:
- has a period of 2 (two) years from delivery of the product in which to take action;
- may choose between repairing or replacing the product, subject to the conditions of cost provided by Article L. 211-9 of the French Consumer Code;
- is not required to furnish proof of the existence of the product’s non-conformity during the 24 (twenty-four) months following the delivery of the product.
The statutory warranty of compliance applies independently of any commercial warranty granted.
The Customer may also decide to enforce the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the French Civil Code. In this case, it may choose between cancellation of the sale or a reduction of the sale price as per Article 1644 of the French Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are fully reproduced below:
– Article L. 217-4 of the French Consumer Code: “The seller is required to deliver a product that is consistent with the contract and is liable for any non-conformities existing at the time of delivery. It is also liable for any non-conformities resulting from the packaging, assembly or installation instructions when it is responsible for this under the contract or was carried out under its responsibility.”
– Article L. 217-5 of the French Consumer Code: “To comply with the contract, the product must:
1° – be fit for the use habitually expected of a similar product and, as the case may be:
– correspond to the description given by the seller and have the qualities that the seller presented to the purchaser in the form of a sample or model;
– present the qualities that a purchaser may legitimately expect considering the public declarations made by the seller, by the producer or by its representative, particularly in advertising or labelling;
2° – or have the characteristics defined mutually by the parties or be fit for any special use required by the purchaser, brought to the seller’s attention and that the seller accepted.”
– Article L. 217-12 of the French Consumer Code: “The action resulting from the non-conformity is time-barred by two years as from the delivery of the product.”
– Article L. 217-16 of the French Consumer Code: “When the purchaser asks the seller, during the validity of the commercial warranty granted to the purchaser at the time of the purchase or repair of a moveable good, a reparation that is covered by the warranty, any period of immobilization of at least seven days can be added to the remaining duration of the warranty.
This period runs from the time the purchaser requests intervention or from the time the product in question is made available for repair, if it is made available after the intervention request.”
– Article 1641 of the French Civil Code: “The seller is bound by the warranty against hidden defects in the thing sold which make it unfit for the use it is intended for, or which reduce this use to such an extent that the purchaser would not have purchased it or would have only paid a lower price for it, had it known them.”
– Article 1648 § 1 of the French Civil Code: “The action resulting from hidden defects must be brought by the purchaser within a period of two years from the discovery of the defect.”
All claims, exchange or refund requests must be made by post, by phone, by email to the following address: email@example.com or via the addresses of social networks within 30 (thirty) days of delivery.
The products must be returned to us in the condition in which you received them with all the elements (accessories, packaging, notice, etc.).
The provisions of this Article do not preclude the right of withdrawal provided in Article 6.
Article 10 – Liability
The Products offered comply with applicable French legislation.
Moreover, SPINDRIFT shall not be held liable for any harm resulting from the Customer’s incorrect use of the purchased Product. Likewise, SPINDRIFT’s liability cannot be incurred in the event of non-performance or poor performance of the contract due to an unforeseeable and insurmountable act by a third party to the contract or force majeure.
Lastly, SPINDRIFT shall not be liable for any disadvantages or harm inherent in the use of the Internet network, particularly a service breakdown, an external intrusion or the presence of computer viruses.
In the event of harm caused by a Product safety defect, the Customer may assert the liability of the identifiable manufacturer based on information appearing on the Product packaging and/or on the Product Information.
Article 11 – Applicable law to the contract of sale
The Website is intended for Customers located in France: the language of the T&Cs and of the contract is the French language.
The T&Cs, the order and the contract are governed by French law.
Article 12 – Processing of claims / litigation
12.1 Customer service – Claim procedure
In the event of a dispute, the Customer shall contact in priority SPINDRIFT’s customer service department at: +33 (0)2 97 85 50 75 (toll-free number from a fixed line in metropolitan France), Monday to Friday, except on public holidays, from 8:30 am until 12:00 am and from 1:30 pm until 5:30 pm or by email (firstname.lastname@example.org) or postal address to SPINDRIFT SAS, 37 route de l’Océan, 56470 Saint-Philibert – France.
12.2 Consumer mediation
In the event the Customer is not satisfied with the response from SPINDRIFT’s customer service department or in the absence of a response within a period of two months following receipt of the Customer’s written claim by SPINDRIFT, the Customer may refer the matter to a mediator with the MEDICYS’s mediation platform in sending a letter to the mediator at 73 boulevard de Clichy 75009 Paris (France), or by phone at +33 1 49 70 15 93 or by email at email@example.com. The mediator will try, in all independence and impartiality, to bring the parties together in order to reach an amicable solution. This procedure is free for the Customer.
To submit its mediation request, the Customer has a claim form accessible on the mediator’s website.
The parties to the contract are free to accept or refuse the use of mediation as well as, if mediation is used, to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, the Customer may refer the matter to the court for any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract as well as all documents related to this agreement.
The competent court will be the one with jurisdiction in the place where the defendant has its domicile or in the place of effective delivery of the thing.
Article 13 – Intellectual Property
All the elements of the website www.spindrift.shop are and remain the intellectual and exclusive property of SPINDRIFT. No-one is authorized to reproduce, exploit, distribute or use in any way whatsoever, even partially, the elements of the website whether they are software, visuals or sound. Any simple link or by hypertext is strictly prohibited without SPINDRIFT’s express written consent.
Article 14 – Personal data
SPINDRIFT reserves the right to collect personally-identifiable information and personal data about its Customers. It is necessary for managing orders and improving the services and information that SPINDRIFT sends its Customers.
Such data may therefore also be transmitted to the companies which contribute to these relations, such as those in charge of performing services and orders for their management, performance, processing and payment.
SPINDRIFT will send the Customer its commercial offers by email, sms or telephone if the Customer has accepted this and/or by post, if the Customer did not oppose this when its data was collected.
Such information and data is also kept for security purposes, in order to comply with statutory and regulatory obligations.
In accordance with the “IT and Freedoms” Act of 6 January 1978, as amended, the Customer has a right to access, rectify and oppose any personally-identifiable information and personal data concerning him.
The Customer may access its information directly on the Website. The Customer may also contact SPINDRIFT by email at the following address: firstname.lastname@example.org.
The Customer may also, for legitimate reasons, oppose the processing of its information. For further details, please read your rights on the CNIL’s website.
Article 15 – Archiving Proof
SPINDRIFT will archive the purchase orders, the T&Cs and the invoices on a reliable and durable medium forming a true copy in accordance with the provisions of Article 1366 of the French Civil Code.
SPINDRIFT’s computerized registers will be considered by all the parties concerned as proof of the communications, orders, payments and transactions between the parties.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you want to withdraw from the contract.)
For the attention of SPINDRIFT SAS by post at 37 route de l’Océan, Multipole, 56470 Saint-Philibert – France or by email at the following address: email@example.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the product (*)/for the supply of services (*) below:
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Delete as appropriate.