TERM OF SALES

Article 1: Scope

The purpose of these general conditions of sale is to govern sales made from the site www.raynaud.fr between RAYNAUD and major non-commercial individuals purchasing for their personal non-professional needs or legal persons purchasing for needs that do not relate to of their professional activity.

They constitute the regime to which RAYNAUD subordinates, for the territory of metropolitan France exclusively as well as for the territories listed in Appendix 1, the sale of its products (to the customers defined above).

Any sale made by RAYNAUD with the customers defined above will therefore be governed by the said conditions as well as by the terms of the order relating to the relevant sales transaction as accepted under the conditions defined below.

Consequently, the fact that the customer places an order from the site implies: - full and unreserved acceptance on his part of these general conditions of sale, - waiver by the customer, in any capacity and in any form whatsoever, to take advantage of provisions contrary to or derogating from these general conditions of sale and the terms of the order concerned as accepted under the conditions defined below. In the event of a dispute, the general conditions of sale applicable are those which were in force when the order was placed.

 

Article 2: Products

The offers and prices indicated on the online store are valid as long as they are visible on the site.

Products can be added or removed from the site without notice.

The items offered comply with current French and European legislation.

 

Article 3: Conditions of use and maintenance of the Products

The conditions of use and maintenance can be found in the Advice & Maintenance section.

 

Article 4: Order

The customer can freely select the products offered for sale on the website www.raynaud.fr that he wishes to buy. He can access his basket at any time and modify its content.

In accordance with Article L. 221-13 of the Consumer Code, once payment has been made, RAYNAUD will send by email to the email address indicated by the customer in his order, an acknowledgment of receipt of the order summarizing the set of essential information.

 

Article 5: Unavailability of the ordered Product

In the event that a product turns out to be unavailable after validation of the order by the customer, RAYNAUD will inform the customer in order to agree with the latter either:

- to postpone the delivery while awaiting the replenishment of this product when possible,

- to reimburse the customer who has already paid the price of the unavailable product. The reimbursement will take place at the latest in 14 days from the request for reimbursement. Beyond this term, the sums bear interest at the legal rate.

 

Article 6: Price and delivery costs

The prices are indicated in euros and are deemed to include all taxes.

The delivery costs are the responsibility of the customer and are indicated during the processing of each order.

The applicable delivery costs depend on the amount of the order and the country of delivery:

- Delivery costs in mainland France: order less than €100: €10 including VAT, order greater than or equal to €100: free

- Delivery costs to the countries listed in Appendix 1.a : order less than €250: € 25 + VAT, order greater than or equal to €250: free

- Delivery costs to the countries listed in Appendix 1.b : order less than €250 excluding VAT: € 25 excluding VAT, order greater than or equal to €250: free

RAYNAUD reserves the right to modify the prices and the delivery costs by modifying the present general conditions and by posting them immediately on the site, but RAYNAUD undertakes to apply the prices which will have been indicated at the time of the validation of the order. client.

Prior to the final validation of his order, the customer will have access to the total amount of his order including tax, delivery costs included.

 

Article 7: payment

The price is payable in euros and is payable immediately on the date of the order. Payments are to be made by credit card. It is specified that RAYNAUD has no access to the banking data communicated by the customer.

 

Article 8: Terms of delivery

8.1 - Place of delivery

The products are delivered in mainland France and in the countries indicated in Annex 1.

The products are delivered to the delivery address that the customer will have indicated when ordering. The delivery includes the product(s) ordered, packaged and a detailed invoice.

Likewise, it is the customer's responsibility to ensure that when ordering, sufficiently precise information relating to the person to be delivered, his telephone number, the exact delivery address, to avoid any delivery error or loss of the package. Any customer error concerning this information and resulting in a delay in delivery or a loss of the package cannot be attributed to RAYNAUD. In this case, the customer will remain responsible for the payment of lost or damaged products. No compensation or reimbursement may take place for the benefit of the customer as such.

8.2 - Delivery time

The products are delivered within 15 working days from the validation of the order and the reception of its payment. No order can be delivered partially if some ordered products have an earlier availability than others.The delivery time that prevails is that of the longest availability of the items in the order.

8.3 - Late delivery

For orders that have not been delivered within the time period indicated when the order is registered, for a reason other than a case of force majeure, or attributable to the customer, the latter will have, if he wishes, the possibility of canceling an order in accordance with Articles L. 216-1 et seq. of the Consumer Code. By registered letter with acknowledgment of receipt or in writing on a durable medium, the customer instructs RAYNAUD to comply within a reasonable additional time; If RAYNAUD has not performed at the end of this reasonable period, the customer may terminate the contract by registered letter with acknowledgment of receipt or in writing on a durable medium addressed to RAYNAUD.

The sale will be considered resolved upon receipt, by RAYNAUD, of the registered letter with acknowledgment of receipt or in writing on a durable medium by which the customer informs him of his decision.

Where applicable, RAYNAUD will reimburse the sums paid by the customer for the canceled order, at the latest within 14 days of receipt of the registered letter of termination.

When the professional has not reimbursed all of the sums paid by the consumer under the aforementioned conditions, this sum is automatically increased by 10% if the reimbursement is made no later than thirty days beyond this term, by 20% up to sixty days and 50% thereafter.

8.4 - Reservations and complaints

Without prejudice to the time available to the customer under his right of withdrawal provided for by Article L. 221-18 et seq. Of the Consumer Code, it is the customer's responsibility to check the package on arrival of the order and to make all reservations and justified complaints, or even refuse the package if it is likely to have been opened or if it bears clear signs of deterioration. In accordance with Article L. 133-3 of the Commercial Code, these reservations and complaints must be notified on the delivery slip presented by the carrier and communicated in writing (email or letter) to RAYNAUD within a maximum period of 23 days. from the presentation of the package by the carrier to be able to benefit from an action against the carrier for damage or partial loss. In accordance with Article L. 224-65 of the Consumer Code, when the consumer personally takes delivery of the objects transported and when the carrier does not justify having given him the possibility of actually checking their good condition, the period mentioned in the Article L. 133-3 of the Commercial Code, which extinguishes any action against the carrier, is extended to 10 days.

 

Article 9: Right of withdrawal

In accordance with article L. 221-18 et seq. Of the Consumer Code, the consumer has the right to withdraw from the sales contract concluded on the website within fourteen days of receipt of the goods. Raynaud extended this delay to thirty (30) days.

If the thirty (30) days period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.

To exercise this right of withdrawal, the consumer must notify RAYNAUD of his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or email to the following address: [insert your e-mail address] The customer can use the withdrawal form but it is not compulsory.

In order for the withdrawal period to be respected, it is sufficient that the consumer transmits the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

In the event of a valid withdrawal from the sales contract by the consumer, RAYNAUD will refund all payments received from the consumer, including delivery costs (except for additional costs arising from the fact that the consumer has chosen, if applicable , a delivery method other than the less expensive standard delivery method offered by RAYNAUD) without undue delay and, in any event, no later than fourteen (14) days from the day on which RAYNAUD is informed of its decision to withdraw . The refund will be made using the same means of payment as that used for the initial transaction, unless the consumer expressly agrees on a different means; in any case, this reimbursement will not incur costs for the consumer.

RAYNAUD may defer reimbursement until RAYNAUD has received the goods or until the consumer has provided proof of shipment of the goods, the date chosen being that of the first of these facts.

The consumer must return or return the goods to RAYNAUD without undue delay and, in any event, no later than fourteen (14) days after he has communicated to RAYNAUD his decision to withdraw from the sales contract. This deadline is deemed to have been met if the consumer returns the goods before the expiration of the fourteen (14) day period.

The consumer must bear the direct costs of returning the goods via UPS or La Poste. Based on current UPS or La Poste rates. The Products must be returned in their original packaging and in the same packaging as that used when sending or any packaging suitable for fragile products.

The responsibility of the consumer is engaged only with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.

Download our Withdrawal form

 

Article 10: Guarantees

RAYNAUD is liable for defects in conformity of the goods under the conditions of articles L. 217-4 and following of the Consumer Code and for hidden defects of the item sold under the conditions provided for in articles 1641 and following of the Civil Code.

The customer can make a request under the legal guarantee of conformity or under the guarantee of defects of the thing sold to RAYNAUD.

When acting as a legal guarantee of conformity, the customer:

- has a period of two (2) years from the delivery of the goods to act;

- can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months from the delivery of the good.

The customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price. in accordance with article 1644 of the civil code.

RAYNAUD will proceed, at the customer's choice, to an exchange with identical products or of equivalent quality and price depending on available stocks or a refund: - in the event of hidden defects in the products sold making them unfit for the use for which they are intended, or reducing this use to such an extent that the customer would not have acquired them or would have given a lower price if he had known them, - in the event of delivery of products that do not comply with the order.

Any return costs for defective or non-compliant products will be borne by RAYNAUD.

 

Article 11: Protection of personal data

RAYNAUD collects, via its website, a certain amount of personal information concerning the customer, namely, without the list being exhaustive, last name, first name, date of birth, telephone number, email address, addresses.

Customers who do not wish to provide the information necessary for the purchase of products via the website will not be able to conclude sales contracts.

▪ The purpose of data collection and processing:

- Information relating to payment is collected and processed exclusively by the banking establishment concerned, which is solely responsible for processing.

- The other data collected is necessary for the proper management and administration of products and sales contracts for products offered on the website. These data are kept by RAYNAUD in this unique capacity, and RAYNAUD undertakes not to use them in another context, nor to transmit them to third parties, without the express agreement of the customer and / or cases provided for by law and / or for the proper execution of sales contracts, in particular in order to allow the delivery of products to the customer. These data are subject to computer processing.

▪ The controller: except for data relating to means of payment, RAYNAUD is the controller. His contact details are indicated on the "Legal Notice" tab.

▪ Data retention period: The contact details of all customers purchasing products registered on the website are saved for a period of 3 years necessary for the proper administration of the website and normal use of the data. These data are kept in secure conditions, using current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.

In accordance with the latter and the declaration made by RAYNAUD to the CNIL, this data may be the subject of a transfer or communication for the benefit of any third party, including tax, social and judicial bodies.

In accordance with the law, every Consumer has a right of opposition, interrogation, access, rectification, erasure and a right to the portability of the data he has provided.

To do this, all he has to do is make a request to RAYNAUD, by sending it by post to the following address:

RAYNAUD, 14 Ancienne Route d´Aixe - CS11122 - 87052 Limoges Cedex, or by e-mail to the following address: contact@ercuis-raynaud.com

The personal data collected is not subject to any transfer abroad.

 

Article 12: Proof

It is expressly agreed between the parties that in accordance with the provisions of Articles 1316 et seq. Of the Civil Code, the information recorded by the RAYNAUD information systems are authentic between the parties. Items such as the receipt or transmission of data exchanged between the parties, such as appearing on RAYNAUD's information systems, shall prevail unless there is written proof to the contrary provided by the customer. The scope of proof of the information delivered by RAYNAUD's information systems will be identical to that of a written document on paper.

In accordance with the provisions of Article L. 213-1 of the Consumer Code, RAYNAUD will archive orders for an amount greater than or equal to € 120 for a period of 10 years from the date of delivery. The customer concerned may request access to the documents thus archived by proceeding in accordance with the provisions of Article 10 above.

 

Article 13: Intellectual property

All texts, visuals, photographs, graphics and brands contained on the site are protected by intellectual property rights throughout the world.

In the absence of prior authorization communicated in writing by RAYNAUD, any use of these elements constitutes an infringement and is sanctioned by the Code of Intellectual Property.



Article 14: Applicable law and competent jurisdiction

These general conditions of sale are subject to French law.

In the event of a dispute, the customer is informed of the possibility of resorting to a conventional mediation procedure or any other alternative mode of dispute resolution.

Pursuant to Articles L. 612-1 et seq. Of the Consumer Code, the customer may, in the event of a dispute with RAYNAUD, have recourse to the mediation process for consumer disputes. RAYNAUD reports to the following mediator:

Limousin Mediation 8 place Winston Churchill 87000 Limoges

https://ffcmediation.org/item/limousin-mediation/

A dispute cannot be examined by the consumer mediator when:

The customer does not justify having tried, beforehand, to resolve his dispute directly with the professional by a written complaint according to the methods provided, if applicable, in the contract;

The request is manifestly unfounded or abusive;

The dispute has been previously reviewed or is under review by another mediator or by a court;

The client lodged his request with the mediator within a period of more than one year from his written complaint to the professional;

The dispute does not fall within its field of competence.

In the absence of recourse to the conventional mediation procedure or to any other alternative method of settling disputes within fifteen (15) days, each of the parties may seize the competent judicial court.

In addition, the European Commission also provides consumers with an online dispute resolution platform, which the consumer would have with RAYNAUD, which the consumer can access directly by clicking on the link: http://ec.europa.eu / consumers / odr /.

All disputes relating to the commercial relationship between RAYNAUD and its customers are subject to the exclusive jurisdiction of the French courts.

 

Annex 1.a - List of delivery territories

Mainland France

Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

Annex 1.b - List of delivery territories

Switzerland (orders in euro excluding VAT)

United Kingdom (orders in euro excluding VAT)

Annex 2

Article L. 217-4 of the Consumer Code The seller delivers 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 this has been charged to it by the contract or has been carried out under its responsibility.

Article L. 217-5 of the Consumer Code The good complies 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 the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given 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 by 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 Action resulting from lack of conformity lapses two years after delivery of the goods.

Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a covered restoration by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code The seller is bound by the guarantee 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 would not have acquired it. , or would have given a lower price, if he had known them.

Article 1648 al. 1st of the Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.