Retronome general conditions of sale
1. Purpose and acceptance of the General Conditions of Sale
Rate validity: January 1, 2019 as of December 31, 2019
The following general conditions aim to define the legal framework, the reciprocal rights and obligations which will apply to any purchase by mail order made by the merchant site www.retronome.fr between the parties referred to below,
Firstly,
The Rétronome company which markets second-hand clothing and publishes the site www.retronome.fr,
Headquarters, distance selling and mail order management :
Retronome
8 bd Ferdinand de Lesseps
Building B
13090 Aix-en-Provence
Company in registration process
And on the other hand,
Anyone wishing to place an order on the site www.retronome.fr .
These conditions relate exclusively to consumers and do not apply to resellers. Consequently, the customer certifies that he is acting as an end consumer and that he does not intend to resell the Rétronome products for commercial purposes.
Any user of the site declares to have the legal capacity allowing him to place an order and use the chosen payment method.
The user can at any time consult the general conditions of sale which can be found in the section " Terms of Sales »Appearing at the foot of the page on the site.
By purchasing on the site www.retronome.fr , the consumer confirms his acceptance of these General Conditions of Sale in force on the date of placing the order. The consumer is deemed to have been aware of these General Conditions. They will then be enforceable against it in accordance with Article 1119 of the Civil Code.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These general conditions express all the obligations of the parties. The seller and the buyer agree that these general conditions exclusively govern their relationship.
The company Rétronome reserves the power to modify the general conditions of sale at any time and without notice. In this case, the applicable conditions will be those in force on the date of the order.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
2. Order
Products and availability
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
The products presented are photographed and described as faithfully as possible. However, depending on the internet browser and / or the screen used, the colors may not match reality.
The articles presented on the site www.retronome.fr are available at the prices indicated on the site www.retronome.fr within the limits of available stocks.
Rétronome undertakes to honor all orders. Failing this or in the event that a product is out of stock after an order has been placed, Rétronome undertakes to inform the consumer as soon as possible and to offer him a replacement item or to cancel his order and reimburse it in full.
It is agreed between the parties that Rétronome is not responsible for the unavailability of a product for orders that have not been validated by sending a confirmation email as provided in the ordering procedure to the article 2.2 hereof.
2. Ordering methods
2.1 Order via the retronome.fr site
2.2 Data recording when ordering
To place an order on the retronome.fr site, the consumer must complete an identification form on which he will indicate the requested information. By connecting to his user account, the data will be pre-filled.
Customer data will be collected in compliance with national and European rules and in accordance with the terms set out in the Confidentiality and Data Protection Policy available at the bottom of the page on the retronome.fr website. The customer file is exclusively used by the company Rétronome.
The data relating to the orders are kept on reliable and durable data-processing supports. They are considered as proof of the contractual relations between the parties in the same way as any document drawn up, received or kept in writing.
The username and password provided when creating the customer account are strictly personal, must be kept securely and must not be communicated to third parties.
The consumer undertakes to notify Rétronome as soon as possible in the event of loss, theft or fraudulent use of his account.
The consumer can request the deletion of his account by sending an email to the email address mentioned in article 10 : Contact hereby.
2.1.2 Choice of articles
The consumer must select the desired item (s).
2.1.3 Consumer validation
The consumer must validate his basket (thus accepting the general conditions of sale).
Any order implies acceptance of the prices and descriptions of the products available for sale.
He must also choose the address and the delivery method.
2.1.4 Payment
The price is payable when ordering and in one go.
The sale will be considered final, and in doing so the order and delivery, after the sending to the consumer of the confirmation of the acceptance of the order by Rétronome by e-mail from the address bonjour@retronome.fr .
This e-mail will include a summary of the order confirming the express commitment of the parties and including the total amount of the order, the quantity and price of the products purchased as well as information relating to the cost of delivery.
In certain cases, in particular non-payment, incorrect address or other problem on the consumer's account, Rétronome reserves the right to block his order until the problem is resolved. The cancellation of the order and its possible refund will then be made.
Rétronome reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order, who would present any suspicion of fraud, or for any other legitimate reason.
2.2 Control by another process
By e-mail, at the address : bonjour@retronome.fr
3. Tariffs
The prices of the items are indicated in Euros, excluding shipping costs. These are indicated by default in TTC, duties and taxes included.
The products will be invoiced on the basis of the rates in effect at the time of order entry. The products remain the property of the company Rétronome, until full receipt of the price. The price is payable in full and in a single payment.
The company, Rétronome, reserves the right to modify its prices at any time and without notice, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer, subject to availability on that date.
4. Delivery
4.1 Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the good.
The delivery of the products and services presented on the site www.retrnonome.fr is only available in certain countries listed in the table in the appendix.
At the request of a consumer, Rétronome may, after evaluating the cost of transport costs, and at its sole discretion, add to the list a country not appearing there to date.
If the place of delivery desired by the consumer is not listed in the table in the appendix, the latter can contact Rétronome so that they can draw up an estimate.
The products are delivered to the address indicated by the consumer on the purchase order, the buyer must therefore ensure its accuracy.
Any package returned to Rétronome because of an incorrect or incomplete delivery address will be reshipped at the consumer's expense.
Any details below are necessary :
Access code,
Presence of a guard,
All other information useful for the successful delivery of the order.
Delivery to the workplace is recommended if possible.
In the event of errors or inaccuracies in the wording of the consumer's contact details, Rétronome cannot be held responsible for the impossibility of delivering the order.
Deliveries will be made via Colissimo La Poste at home.
If the consumer wishes to choose another carrier, he must send his request by email.
Rétronome is not responsible in the event of a dispute with the carrier but undertakes to follow up any dispute and remains at the disposal of the consumer for any support.
The package number will be communicated by email via the address bonjour@retronome.fr , subject to the accuracy of the email address provided by the consumer.
With the parcel number, the consumer can at any time follow his routing on the carrier's site www.laposte.fr Ž
4.2 delivery times
The shipping times run from the validation of the order by Rétronome, that is to say from the receipt by the consumer of the order confirmation email.
Except in cases of force majeure as described in article 15 hereof, or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limit stocks available, +/- 3 working days (excluding weekends and holidays).
This deadline is given as an indication. Any unjustified delay and no later than 30 days after the validation of the order by Rétronome, the sales contract may be terminated in accordance with the terms provided for in article 4.4 of these general conditions of sale.
The total delivery time for France is +/- 5 working days and +/- 10 days for abroad.
4.3 Absence during delivery
La Poste transport services provide the package in their office. The consumer must present himself with the postman's calling card or your parcel number and present an identity document.
He can also contact them on 3631.
The waiting period is 15 consecutive days from the day after the day on which the notice of transit is filed. After this period, the package will be returned to Rétronome.
In the event that the package is returned to us, upon receipt we will do everything possible to contact the consumer and schedule a new shipment. This will be done by Post in Colissimo Recommended Tracking whatever the country of destination. Return costs are the responsibility of the consumer.
Without news within 7 working days, the order will be considered canceled and fully refunded.
4.4 Delivery issues
4.4.1 Delay in delivery
In accordance with Articles L. 216-1 et seq. Of the Consumer Code, in the event of a delay in the delivery times provided for in Article 4.2 of these general conditions, the consumer must inform the company Rétronome and order it to '' execute within a reasonable additional time, by sending a registered letter with acknowledgment of receipt or in writing on any other durable medium to the address indicated in article 10 of these general conditions of sale.
In the absence of performance at the expiration of this new period, the consumer may terminate the contract by sending a registered letter with acknowledgment of receipt or by writing on any other durable medium to the address indicated in the article 10 of these general conditions of sale.
The contract will be considered terminated upon receipt by Rétronome of the letter or writing informing it of this termination, unless the professional has performed in the meantime.
The consumer may nevertheless immediately terminate the contract if the delivery period constitutes for him an essential condition of the contract.
In this case, Rétronome will reimburse all the sums paid no later than 14 days following the date on which the contract was terminated.
If after the termination of the contract, the consumer nevertheless receives his order, he must return it according to the return conditions provided for in article 7 hereof.
4.4.2 : Package / Product damaged on delivery
The consumer must formulate to Rétronome on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the indications. appearing on the order form. Any complaint made after this deadline will be rejected.
The complaint can be made by sending a letter or by sending an email.
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, to the address indicated in article 10 hereof.
Return costs are the responsibility of the seller.
If at the time of delivery, the original packaging is damaged, torn or opened, the consumer must then check the condition of the articles. If they have been damaged, he must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The consumer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products ...).
This verification is considered to have been carried out once the consumer, or a person authorized by him, has signed the delivery slip.
The consumer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item (s) and send a copy of this letter by fax or simple mail to Rétronome at the address indicated in the article. 10 hereof.
If the products need to be returned to Rétronome, they must be the subject of a return request within 7 days of delivery. Any complaint formulated after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, etc.).
5. Retention of title / Transfer of risk
The products ordered remain the property of Rétronome until the price has been fully collected by Rétronome.
In accordance with Article L. 216-4 of the Consumer Code, the risk of loss and damage to the products is transferred to the consumer only when the latter or a third party designated by him takes physical possession of said products. products.
On the other hand, if the consumer entrusts the delivery of the products to a carrier other than those offered by Rétronome, the transfer of the risks of loss and deterioration of the products will take place as soon as the said products are handed over to the carrier, in accordance with article L. 216-5 of the Consumer Code.
6. Right of withdrawal
6.1 Terms of the right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. Of the Consumer Code, the consumer has a period of 14 working days from the date of delivery of his order, to exercise his right of withdrawal and return any product of which he is not satisfied and request the exchange or refund without penalty, transport costs included.
To do this, the consumer must send, by email or to the address provided, a declaration of withdrawal unambiguous and expressing his desire to withdraw.
If sent by email, the consumer will receive confirmation of his withdrawal by email.
The consumer can use, if he wishes, the withdrawal form available in the annex in accordance with Article L. 221-5 2 ° of the Consumer Code.
6.2 Limitation of the right of withdrawal
Under 3 ° of Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for personalized and / or tailor-made orders.
7. Return / Exchanges / Refund
Returned product (s) must be in original condition, unused. Upon receipt of the package, Rétronome will judge the perfect condition of the returned merchandise. No return will be accepted if the returned products have been visibly used or damaged by the consumer and this use or damage renders the product (s) unfit for sale.
If the return is refused, the product (s) will then be returned to the buyer at our expense without the customer being able to demand any compensation or right to reimbursement.
The product must be returned within the legal period of fourteen (14) days to the address mentioned in article 10 hereof, the postmark being taken as proof.
The consumer must indicate his contact details: order number, email, name, address, telephone number.
He must also recall the desired repair method: refund or exchange.
In the case of an exchange, the consumer must specify the desired item (s).
The order will be returned according to the mode of transport chosen by the consumer.
The consumer must keep proof of the parcel deposit. In case of loss of the package, no refund will be made without this proof of deposit.
The exchange, subject to availability, or the refund will be made within 14 days from the receipt, by Rétronome, of the products returned by the consumer under the conditions provided above.
8. Guarantees
The company Rétronome, guarantees the conformity of the products ordered, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code or the warranty against defects in the item sold within the meaning of articles 1641 and following of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that :
The buyer has a period of 2 years from the delivery of the goods to act,
The buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code,
The buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods (period legally extended to 24 months from March 18, 2016),
The buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with the article 1644 of the Civil Code.
In the event of non-compliance of a product sold, and after having informed Rétronome by email or letter to the addresses indicated in article 10 hereof, it may be returned to Rétronome for exchange or refund under the conditions provided for by the article 7 of these general conditions of sale.
9. After-sales service / Repair
Rétronome may possibly carry out repairs / alterations on the products sold.
Any repair must be the subject of a prior request.
On receipt of the package, Rétronome will judge the feasibility of the repair according to the state of wear of the products. Some repairs are chargeable (eg removal of shoulder pads under a liner), the customer will be informed in advance and may pay according to the payment terms provided for in article 2.2.1.4 unless the repair is free.
The repair will be processed upon receipt of payment.
10. Contact
For any information or question, you can contact us by :
E-mail, to the address : bonjour@retronome.fr
Telephone, at (33) 6 12 26 29 24
Monday to Friday 9:30 a.m. to 5 p.m.
Mail, to the address :
Bitton Laura
8 bd Ferdinand de Lesseps
Building B
13090, Aix-en-Provence
11. Intellectual property
All the elements of the Rétronome company site are and remain the intellectual and exclusive property of the Rétronome company.
No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site whether they are software, visual or sound.
Any simple or hypertext link is strictly prohibited without the written consent of the company Rétronome.
As such, and in accordance with the provisions of the intellectual property code, only use for private use is authorized, subject to different, or even more restrictive, provisions of the intellectual property code.
Any total or partial reproduction of the site of the company Rétronome is strictly prohibited without prior agreement.
12. Personal data
All information concerning the collection, processing and your rights relating to personal data is grouped together in a single document that we invite you to consult. : Confidentiality and Data Protection Policy available at the bottom of the page on the site www.retronome.fr
13. Archiving / Proof
Pursuant to article L. 213-1, D. 213-1 and D. 213-2 of the consumer code, when the amount of the order is greater than 120 euros, Rétronome will ensure the conservation of the document which The record from the conclusion of the contract until the delivery of the order and for a period of 10 years from it.
The consumer has access to this writing on request addressed to Rétronome by email or telephone mentioned in article 10 hereof.
14. Miscellaneous
14.1 Force majeure
All cases of force majeure preventing the fulfillment of the obligations of one or the other of the parties are considered as causes entail their suspension.
The party invoking a case of force majeure must immediately notify the other party.
All irresistible facts or circumstances, external to the parties and unforeseeable as retained by the jurisprudence of French courts and tribunals, are considered as force majeure.
The parties will come together to determine the conditions under which the execution of the contract will be continued. If the force majeure event lasts longer than 3 months, these general conditions may be terminated by either party.
14.2 Invalidity of a clause
If one or more clauses of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
14.3 No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
14.4 Language of the general conditions of sale
These general conditions of sale are written in French. 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.
15. Settlement of disputes
15.1 Applicable law
These general conditions are subject to the application of French law.
15.2 Mediation
In the event of a dispute, the consumer may resort to a conventional mediation procedure or any other alternative dispute resolution procedure.
Any dispute may, subject to the restrictions set out in Article L. 612-2 of the Consumer Code, be the subject of an amicable settlement by mediation.
In the event of a dispute, the consumer always has the possibility of directly appealing to the judge. He can also use the online dispute resolution service offered by the European Commission in accordance with Article 14.1 of Regulation (EU) N ° 524/2013 of the European Parliament and of the Council of 21 May 2013.
Recourse to mediation is an alternative mechanism which is not a prerequisite for bringing legal action.
ANNEX - Withdrawal form
For the attention of Laura Bitton, Rétronome, 8 bd Ferdinand de Lesseps Bât B, 13090 Aix-en-Provence, bonjour@retronome.fr:
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the good (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s) (only if this form is notified on paper):
Date:
(*) Cross out the unnecessary mention.