These general conditions of sale are applicable to the relationship between the company SAS NICE, a company with a capital of 200,000.00 euros, whose registered office is at 6 rue Gustave Courbet, 75116 Paris, registered in the register of commerce et des société de Paris under the number 318 393 279 00019 (hereinafter referred to as "CURLING"), and any non-trading natural person (hereinafter referred to as the CUSTOMER), wishing to proceed with the purchase of articles presented on the commercial site of "CURLING" (hereinafter referred to as the Site).
OBJECT - FIELD OF APPLICATION
These general conditions of sale aim to define the rights and obligations of the parties in the context of online sales items offered to the CUSTOMER on the Site.
Ordering an item on the Site implies acceptance without restriction or reservation by the CUSTOMER of these general terms and conditions of sale, which have contractual value. By ordering an item on the Site, the CUSTOMER declares and acknowledges having read, understood and accepted these general conditions of sale.
These general conditions of sale apply to the exclusion of all other conditions and in particular those applicable to sales in the "CURLING" shops.
" CURLING " reserves the right to modify the general conditions of sale at any time. The general conditions of sale applicable to the CLIENT will be those submitted to it on the date of the CLIENT's order.
The items offered for sale on the Site are those which appear on the Site on the date of consultation of the Site by the CUSTOMER, in the limit of the available stock. "CURLING" does not guarantee the availability of items featured on the Site. In the event of unavailability during the order, the CUSTOMER will be informed by " CURLING".
The items offered for sale on the Site constitute a selection of those presented in the "CURLING" stores. If the CUSTOMER wishes to benefit from a greater choice, he is invited to go to the "CURLING" shops.
The articles presented on the Site are offered at the sale for the following territories: Europe, USA, JAPAN… CONTACT US FOR ALL OTHER DESTINATIONS.
The articles are presented on the Site with the greatest accuracy in order to meet the requirements of Article L. 111-1 of the Consumer Code.
The prices indicated on the Site are firm and final. They are expressed in euros, all taxes included, in the summary of the order submitted, for acceptance, to the CUSTOMER. They do not take into account the delivery costs which are invoiced in addition as specified to the CUSTOMER in the summary of the order which is submitted to him before his acceptance.
The amount of the transport costs is calculated according to the destination and the weight or volumetric of the parcel according to the methods defined by La Poste or by the independent carrier chosen by "CURLING
The items ordered are invoiced at the current price displayed on the Site on the day of the order. "CURLING" reserves the right to modify the prices at any time, without notice and without any other formality than to post the modifications on the Site.
A guided navigation allows the CLIENT to find a selection of items from the "CURLING" collections and its partners on the Site, then to make their choice from this selection in order to place an order.
Once the CUSTOMER has chosen the items, their order is made in three steps:
1- Validation of the items chosen for their purchase by the CUSTOMER: the CUSTOMER validates the list of items he has chosen on the Site as well as their size and color "CURLING" informs the CUSTOMER of the availability of the selected items.
2- Identification of the CUSTOMER: the CUSTOMER enters the elements of identification and information necessary for the smooth running of the order, namely in particular the following elements: surname, first name, full contact details of the delivery, billing address.
To this end, the CUSTOMER creates a "personal account" identified by his e-mail address and a password which he chooses and which he undertakes to (i) keep strictly secret, (ii) not disclose to third parties in any form; and (iii) use for personal use only. Any order placed using the CLIENT's username and password is presumed to be made by the CLIENT.
If the CUSTOMER already has a personal account, he must then connect to his account by entering his email address and password. He must update or modify, if necessary, the information provided.
3- Final validation of the order: a summary of the CLIENT's order is displayed on the screen. This summary recalls the selection of items chosen and available, their size and color, the billing and delivery addresses of the items, the total price of the said items as well as the transport and delivery costs relating thereto.
The CUSTOMER checks the summary of his order and can make any changes he deems necessary. As soon as a modification is made by the CUSTOMER, a new summary of his modified order is presented to him.
In order for the CLIENT's order to be validated, the summary of the order must be definitively accepted by the CLIENT by clicking on the "validate" button .
These general conditions of sale are then submitted to the CUSTOMER so that he can read them, if necessary, print them and accept them. Acceptance of these general conditions of sale by clicking on the "accept" button will constitute final validation of the CLIENT's order.
The CUSTOMER is then invited to pay for his order. Upon receipt by "CURLING" of the confirmation of payment, notified by its partner bank, the sale will be deemed concluded. The CLIENT's order will then be confirmed by e-mail sent by "CURLING".
"CURLING" will then prepare the CUSTOMER's order as soon as possible and will inform the CUSTOMER of its dispatch by e-mail.
"CURLING" reserves the right to refuse any order or any delivery in the event of partial or total non-payment of a previous CLIENT order, an ongoing dispute with a CUSTOMER, refusal to authorize the CUSTOMER's payment or for any other justified reason.
Payments are made in euros.
Payment is made exclusively by CB bank card, VISA, EUROCARD, MASTERCARD, AMERICAN EXPRESS CARTE FRANCE, DINERS CLUB and any other card approved by the GIE des cartes CB bank cards and accepted by the bank partner of "CURLING". If the payment is made by means of a VISA, EUROCARD MASTERCARD card, the CUSTOMER must enter the number of his card, its expiry date as well as the visual cryptogram (the last three numbers written on the back of the bank card).If payment is made by AMERICAN EXPRESS CARTE FRANCE card, the CUSTOMER must give the card number as well as its expiry date and the four digits on the front
The CUSTOMER's bank account is debited at the start of the delivery for the amount in euros expressed on the day of the order in the summary that he has accepted.
In order to ensure payment security, "CURLING" uses a secure payment service provided by Stripe.
For deliveries outside the euro zone, customs, exchange and other bank charges will be the sole responsibility of the CUSTOMER. For more information, "CURLING" invites the CUSTOMER to inquire with the bank that issued the bank card used for payment and with the competent customs services.
PAYMENT IN 3 INSTALLMENTS FREE WITH ALMA
Payment in 3 installments free of charge is now possible on www.curling.fr. This payment facility is offered to you through our secure payment provider: Alma.
"Payment in installments" is a payment facility granted by CURLING to the Customer, allowing the payment of the order to be spread over 3 installments.
PROOF OF ORDER AND PAYMENT
"CURLING" invites the CUSTOMER to print the summary of the order. The data relating to the orders will be recorded and stored in the computer systems of the company ACE INFORMATIQUE, host of "CURLING" and the partner bank of "CURLING". The computer records of these companies will be considered as constituting proof of all transactions between the parties on the Site. The archiving of data relating to orders is carried out on a reliable and durable medium that can be produced as evidence.
Items are delivered by COLISSIMO or any other independent carrier chosen by "CURLING" within an average of 1 to 4 working days in mainland France (including Corsica) and within an average of 2 to 6 working days outside mainland France, depending on the country of destination. For deliveries to the "CURLING" store, the delay is 2 to 5 working days. These deadlines are given as an indication.
Items are transported at CURLING's risk and peril and the CUSTOMER must check that they are in good condition upon delivery. In accordance with article L.138-4 of the Consumer Code, any risk of loss or damage to the goods is transferred to the CUSTOMER when the latter or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of these goods.
Any anomaly concerning the delivery (damaged packages, items missing from the "CURLING" invoice, etc.) must be the subject of reservations on the delivery receipt presented by the carrier. At the same time, the CUSTOMER must inform the carrier of this anomaly by sending him within 30 days of the delivery date a registered letter with acknowledgment of receipt setting out the said complaints, which must be substantiated and accompanied by supporting documents.
The CUSTOMER must send a copy of this letter within the same period of 30 days following the delivery date to "CURLING" at the following address: "CURLING " 91 Rue de Courcelles 75017 Paris France
After these deadlines and failing to have complied with these formalities, the articles will be deemed to be in conformity and free from any apparent defect and no complaint can be made. validly accepted by "CURLING".
In the event of non-conformity of a delivered item, the CUSTOMER may return it to "CURLING" at the following address: "CURLING "91 Rue de Courcelles 75017 Paris France, in its original condition, imperatively bearing the original labels and accompanied by the original packaging and the invoice. Otherwise, "CURLING" will not exchange or refund the returned defective item.
In the event that the return of the defective item is well founded, "CURLING" will proceed, at the CLIENT's choice, or failing the CLIENT's request, to choice of "CURLING", to the reimbursement of the defective article or to its exchange insofar as this article is available in stock, excluding any compensation. Under no circumstances may the credit or refund be requested and/or made in one of the "CURLING" stores.
RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L. 121-21 of the Consumer Code, the CUSTOMER has a period of withdrawal of 30 clear days from the date of delivery to exercise the right of return and cancellation of his order.
The date of the delivery receipt constitutes the start date of this period. This right of return and cancellation may concern all or part of the order.
The CUSTOMER simply has to return the items for which he is exercising his right of withdrawal, in their original condition, bearing the original labels and accompanied by the original packaging and the invoice, to the following address "CURLING" 91 Rue de Courcelles 75017 Paris France.
The cost of shipping items returned to "CURLING" and, where applicable, customs clearance will remain the responsibility of the CUSTOMER, unless the items delivered do not comply with the order or are the subject of apparent defects.
The refund will be made by the same means of payment as that used by the CUSTOMER, as soon as possible and at the latest within 14 days following the date on which the CUSTOMER's right of withdrawal has been exercised in accordance with Article L. 121-21-4 of the Consumer Code.
RESOLVING THE CONTRACT
In accordance with Article L.138-2 of the Consumer Code, in the event of a breach by CURLING of its obligation to deliver or, failing this, no later than thirty days after the conclusion of the contract, the CUSTOMER may terminate the contract, in writing on another durable medium, if, after having ordered, under the same terms, CURLING to make the delivery within an additional period reasonable, the latter did not comply within this period. In addition, in accordance with article L.138-3 of the same code, when the contract is terminated under the conditions provided for in article L.138-2, CURLING is required to reimburse the CLIENT for all sums paid, at the latest within 14 days following the date on which the contract was terminated. The sum paid by the consumer is automatically increased by 10% if the reimbursement occurs no later than 30 days beyond this term, by 20% up to 60 days and by 50% later.
"CURLING" is bound by an obligation of result. In accordance with article L.121-19-4 of the Consumer Code, "CURLING" is automatically liable to the CLIENT for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are performed by CURLING or by other service providers, without prejudice to its right of recourse against them. However, CURLING may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the CLIENT, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
All events, of whatever nature, beyond the control of "CURLING", irresistible, unpredictable and tending to delay or prevent the execution of the order constitute a cause of suspension and/or extinction of the obligations of "CURLING" towards the CLIENT, without compensation for the benefit of the CLIENT. Without limiting the scope of the other provisions of these general conditions of sale, the responsibility of "CURLING" cannot be engaged for facts resulting from a fortuitous event or from the fact of a third party or the victim damage.
The intellectual property rights attached to the items sold on the Site are and remain the exclusive property of the company "CURLING". All exploitation rights are exclusively reserved to him.
Under these conditions, no one is authorized to reproduce, exploit, distribute or use for any reason whatsoever, even partially, the said intellectual property rights, without the prior written consent of "CURLING". The trademarks and logos of the company "CURLING" are registered trademarks. Any reproduction therefore constitutes an infringement.
The personal information collected by "CURLING" may be subject to automated processing, which is intended for the use of "CURLING" for the management of orders and deliveries, the information of users on the promotional offers of "CURLING" and the events occurring on the Site or in the shops of "CURLING". Subject to the prior agreement of the CLIENT collected at the time he communicates his personal data, "CURLING" reserves the right to communicate them to its partners.
• by e-mail at: hello@curling. fr
• by post to the following address: "CURLING " 91 Rue de Courcelles 75017 Paris France.
The CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him. "CURLING" undertakes to take all precautions to preserve the security of this information and in particular to prevent it from being distorted, damaged or accessible to unauthorized third parties.
The automated processing of personal data has been declared to the CNIL registered under number 1481146.
SETTLEMENT OF DISPUTES
These general conditions of sale are subject to French law. In the event of a dispute, the parties will attempt to find an amicable solution before taking legal action.
For any information, question or complaint, the CUSTOMER may contact "CURLING":
• by email: firstname.lastname@example.org
• by mail: " CURLING / Sale at a Distance "91 Rue de Courcelles 75017 Paris.