Article 1 - GENERAL PROVISIONS RELATING TO THESE CONDITIONS
These general terms and conditions of sale apply exclusively to the online sale of products offered by Rainette via the www.rainette-btob.com website.
The GCS are available to customers on the Site, where they can be consulted directly, and can also be communicated on request by any means.
The terms and conditions are binding on the customer, who acknowledges having read and accepted them before confirming payment for the order. The validation of the order by its confirmation implies the buyer's acceptance of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by Rainette.
Article 2 - PRODUCTS
www.rainette-btob.com is an online sales site for accessories and equipment for urban cyclists (hereinafter the "Product(s)") open to any individual or legal entity using Siterainette-btob.com (the "Customer").
The Products presented on the Site are each the subject of a description mentioning their essential characteristics. Any photographs illustrating the Products do not constitute a contractual document. The Products comply with the requirements of current French law.
The Customer remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the Customer. In addition, the Customer must provide and be entirely responsible for the equipment required to connect to the Site.
The Customer acknowledges that he has checked that the computer configuration he is using is secure and in working order.
Article 3 - ORDERS
Rainette makes every effort to guarantee optimal availability of its Products. Product offers are subject to availability.
If, despite Rainette's best efforts, a Product proves to be unavailable subsequent to the Customer's order, Rainette will inform the Customer by email as soon as possible and the Customer will have the choice between :
- delivery of a Product of equivalent quality and price to that initially ordered, or
- reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, Rainette is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to Rainette.
With the exception of any mention to the contrary in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by applicable law, customer orders are firm and final.
When placing an order, customers must inform their sales representative of the products they wish to order, indicating the products and quantities required. The customer can check the details of their order and its total price when they receive their quotation. The customer then has the opportunity to ask for any corrections to be made to the contents of his basket and his information, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Acceptance of the signed quotation returned to Rainette, preceded by the words "Bon pour accord", implies acceptance of the General Terms and Conditions of Sale and constitutes the contract.
Contractual information relating to the order (in particular the order number) will be confirmed by e-mail in due course and at the latest at the time of delivery.
Any email sent to the Customer in connection with an order will be sent to the email address that the Customer uses or communicates to us as his reference email address.
Rainette archives quotations and invoices for the sale of Products in accordance with applicable legislation. By sending a request to rainette@rainette.com, Rainette will provide the Customer with a copy of the contract which is the subject of the request.
Any order modification by the Customer after order confirmation is subject to Rainette's agreement.
The information provided by the Customer when placing an order (in particular name, billing address and delivery address) is binding. Rainette shall not be held liable in the event that an error in placing the order prevents or delays delivery.
The Customer declares that he/she has full legal capacity to enter into the present Terms and Conditions.
Article 4 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed with Rainette is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered. The Customer undertakes to pay the full amount due when ordering Products. Payment will be debited as soon as the order is validated.
In any case, Rainette reserves the right to check the validity of the payment, before shipping the order, by any means necessary.
Rainette uses Paypal and Payplug online payment solutions. For payment in instalments, Rainette uses the Alma payment solution. If you pay for your order in instalments, you accept Alma's general customer terms and conditions as well as Alma's special terms and conditions for Rainette customers.
Orders can be paid for using one of the following payment methods:
- Payment by credit card. Payment is made directly to the secure servers of the Payplug payment service provider, and the customer's bank details do not pass through the Site. Bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. These details are therefore not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the Payplug payment service provider.
The Customer's account will only be debited for the corresponding amount once (i) the details of the credit card used have been verified and (ii) the debit has been accepted by the bank that issued the credit card. Failure to debit the amounts due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the data entered is incorrect.
- Payment by Paypal. The customer already has a Paypal account. The customer can use this account to pay for his order securely without disclosing his bank details.
- Payment by bank transfer. In the event of payment by bank transfer, the Customer must ensure that the total amount of the order is credited to Rainette's account and that the Customer's name is indicated in the order reference. Any bank charges levied by the Customer's bank are the sole responsibility of the Customer. In the case of payment by bank transfer, Rainette will only dispatch the order on receipt of payment from the Customer's bank.
Article 5 - PRICE PAYMENT
The price of the Products in force at the time of validation of the quotation is indicated in euros excluding taxes and in euros excluding delivery and transport costs.
Prices are payable in euros (€) only. The price is payable in full after confirmation of the order. The prices quoted include any discounts and rebates that Rainette may grant.
If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. In case of payment by credit card, the total amount due by the Customer and its details are indicated on the quotation which forms the contract between Rainette and the Customer, and on the Customer's order confirmation page. In case of payment by bank transfer, the total amount due by the Customer and its details are indicated on the quotation which forms the contract between Rainette and the Customer.
Article 6 - FORMATION OF THE CONTRACT
All professional order requests are subject to a free, non-binding quotation. Each quotation is valid for one (1) month from the date it is sent to the Customer, and includes a description of the Products, prices, delivery times and payment terms, as well as any specific details agreed with the Customer beforehand. The Customer's signature of the quotation, preceded by the words "Bon pour accord", constitutes an order contract between the Customer and Rainette Home, and implies unreserved acceptance of these General Terms and Conditions of Sale. The order will only be definitively validated once the quotation has been signed and payment made. The execution of a contract gives rise to an invoice which will be sent to the Customer by email by Rainette. The prices invoiced on validation of the order are those in force on the day the order is registered. In the event of a dispute, the signed quotation, the General Terms and Conditions and the invoice constitute proof of the agreement between each party.
Article 7 - RESERVATION OF TITLE
Rainette remains the exclusive owner of the Products ordered on
rainette-btob.com until full payment has been received, including any shipping costs.
Article 8 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
Orders placed by Rainette are prepared and dispatched within a maximum of 48 hours (excluding Saturdays, Sundays and public holidays), provided that payment for the order has not previously been refused or is pending receipt following payment by bank transfer.
Shipments are then forwarded to and picked up by a logistics service provider (DPD), which delivers the parcels to the address given by the customer at the time of ordering. It is the customer's responsibility to check that the address given to Rainette contains no errors. Rainette cannot be held responsible if the address communicated by the Customer is incorrect, thus preventing or delaying delivery. The customer will be informed by e-mail when the order has been dispatched.
Any shipping costs are those specified when the order is finalized, and are accepted when the order is validated.
Delivery times are given in working days when the order is placed. These times include the preparation and dispatch of the order, as well as the time required by the carrier.
However, if one or more Products cannot be delivered within the period initially announced, Rainette will send an email indicating the new delivery date to the Customer.
On delivery, you may be asked to sign a delivery note.
No delivery will be made to a P.O. Box. On delivery, it is the Customer's responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note or send an e-mail to rainette@rainette.com.
If the Customer has not received his/her order within 5 working days, he/she should contact the post office closest to the place of delivery. If the post office has no trace of the parcel via its delivery tracking service, the customer should send an e-mail to rainette@rainette.com, which will open a claim file with the carrier.
Article 9 - EXCHANGE AND RIGHT OF WITHDRAWAL
If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to Rainette. The Customer has fourteen (14) days to do so from the date of receipt of the order. The Customer must send an email to rainette@rainette.com specifying the order number and the reason for the return. Rainette will send the return procedure to the Customer in order to print the return form. The cost of the return will be borne by the Customer. Reimbursement will be made within fifteen (15) days and will automatically be made to the account associated with the credit card used for purchase or to the Paypal account used for payment. For orders paid for by bank transfer, reimbursement will be made within fifteen (15) days to the bank account that issued the transfer for payment of the order.
Products will not be returned or exchanged if they have been removed from their packaging, used, damaged or if they no longer have a label. If the Customer has made a size or color error when ordering, he/she may contact Rainette to exchange the Product. To do so, the Product must not have been damaged or used by the Customer and must still have its label. The Customer has fourteen (14) days from the date of receipt of the order to request an exchange. The Customer must send an email to rainette@rainette.com specifying the order number and the Product(s) to be exchanged. Rainette will then send the Customer the procedure for printing the return form. Once the Product(s) have been received, Rainette will then ship the new Product(s). Delivery charges will be borne by the Customer.
By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the terms and conditions of exchange and retraction.
Article 10 - INTELLECTUAL PROPERTY AND SITE USE LICENSE
Rainette is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Site's Elements, in whole or in part, may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown at this time, without the prior express written authorization of Rainette on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.
Rainette reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
ARTICLE 11 - LIABILITY AND WARRANTY
Rainette shall not be held liable for non-performance of the contract due to the Customer's fault, or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable fault of any third party to the present contract.
The Customer acknowledges that the characteristics and constraints of distance selling make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Rainette therefore does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.
Rainette cannot be held responsible for the use of the Site and its services by Customers in violation of these General Terms and Conditions and for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, Rainette may not be held liable for any false statements made by a Customer or for the Customer's conduct towards third parties. In the event that Rainette's liability is sought as a result of such conduct on the part of one of its Customers, the latter undertakes to hold Rainette harmless against any judgement pronounced against it and to reimburse Rainette for all costs, in particular legal fees, incurred in its defense.
Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
ARTICLE 12 - PERSONAL DATA
The User is hereby informed that the personal data indicated as mandatory on the contact forms and collected as part of the service described herein are necessary for the commercial relationship. The User's personal data collected by the Operator may include :
- First and last names
- Your email address
- Postal address
- Billing address
- Its delivery address
- Phone number
- IP address (virtual address of your computer)
- Your password
- Its SIRET number
Rainette undertakes to protect the Customer's personal data and all personal data obtained in the course of a commercial relationship.
As such, each Customer with an account on the Rainette site is solely responsible for maintaining the confidentiality of his or her login and password, and is solely responsible for all accesses to his or her Customer Account, whether authorized or not.
Rainette shall not be held liable for any action or damage carried out via the Customer's personal space by a third party who has gained access to the Customer's login and password as a result of a fault or negligence attributable to the Customer. The Customer undertakes to inform Rainette immediately if the Customer becomes aware of or suspects any unauthorized use of or access to the Customer's personal space.
All personal data collected by Rainette is collected directly from the Customer and processed by Rainette to enable the implementation of the commercial relationship and its follow-up. This data may also be used to compile statistics in order to improve our services. This data may be transmitted to Rainette's partners and suppliers involved in the delivery, billing and management process for the purpose of processing orders and managing marketing and customer relations.
Rainette complies with legislation on the protection of personal data. As Rainette collects personal data, it has been registered with the CNIL under number 2098919 v 0.
ARTICLE 13 - REFERENCES
The Customer authorizes Rainette to mention the Customer's name and/or logo as a partner reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.) subject to acceptance by the Customer.
Rainette authorizes the Customer to mention Rainette's name and/or logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.). Subject to acceptance by Rainette.
ARTICLE 14 - GENERAL PROVISIONS COMPLETENESS OF THE PARTIES' AGREEMENT
These General Terms and Conditions constitute a contract governing relations between the Customer and Rainette. They constitute the entirety of the rights and obligations of the Company and Rainette relating to their object. Should one or more stipulations of the present General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.
CHANGES IN CONDITIONS
Rainette reserves the right to modify at any time and without notice the content of the Site or the services available on it, and/or to cease temporarily or permanently to operate all or part of the Site.
In addition, Rainette reserves the right to modify the location of the Site on the Internet, as well as these General Conditions, at any time and without prior notice. The Customer must therefore refer to these General Conditions before using the Site.
The Customer acknowledges that Rainette shall not be liable in any manner whatsoever to the Customer or any third party for any such modification, suspension or termination. Rainette advises the Customer to save and/or print the present General Terms and Conditions for safe and durable storage, and to be able to invoke them at any time during the performance of the contract if necessary.
APPLICABLE LAW
These General Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which may be provided to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by Rainette will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.