1. PREAMBLE
“These general conditions of sale, hereinafter referred to as “Conditions”, are concluded between
On the one hand, (the seller) the sales site www.rivatshop.com operated by the company SALAC SAS, 227 route des grands bois 74370 Villaz
With capital of €150,000, registration RC 56 B 37, VAT number FR36325620375.
On the other hand (the buyer) any person making a purchase via the website www.rivatshop.com
Sales will only be accepted in the geographic areas that appear on the site.
These general conditions of sale may be subject to modifications, the applicable conditions are those in force on the site on the date the order is placed.
These General Conditions are the only ones applicable between You and the sales store www.rivatshop.com. They replace all other conditions, unless prior, express and written waiver.
Commercial conditions made on 20.06.2011 (number 20062011/1)
2. PURPOSE AND SCOPE OF APPLICATION
These general conditions of sale aim to define the terms of sale between the SARL creation sport shoe represented by its sales site www.rivatshop.com and its customers.
These general conditions of sale govern the sale of products found on the merchant site www.rivatshop.fr
3. THE ORDER
3.1 PLACING THE ORDER
The buyer will place an order through the website www.rivatshop.com
The buyer undertakes to provide the information requested for the transmission of the order: name, first name, address, telephone, messaging, description of the products ordered, quantities, etc.…
And all the precise information regarding delivery. (Address if different from billing)
For any questions you can send us an email to contact@rivat.fr.
The order will be formalized by the validation click which has the value of the buyer's signature.
This transfer constitutes an irrevocable commitment for the buyer.
(see paragraph 7, withdrawal period)
It will be confirmed by our services with an electronic message.
The company undertakes to honor orders received within the limits of available stocks.
If the product is not available, the company undertakes to inform the buyer as quickly as possible of the time within which this product will be available or, failing that, to offer a replacement product. If the buyer does not accept the proposed deadline or the replacement product, he may cancel his order.
We undertake to accept your order under the terms of these general conditions of sale.
3.2. ABILITY TO CONTRACT
We remind the customer of the legal conditions for making online purchases, provided for by articles 1124 and 488 of the civil code.
Either :
Article 1123 of the Civil Code: “Any person may enter into a contract if they have not been declared incapable (see articles on incapacity) by law. »
Article 1124 of the Civil Code: “Minors and adults protected within the meaning of Article 488 of the Civil Code are incapable of contracting, to the extent defined by law.
Article 488 of the Civil Code: “Majority is set at eighteen years of age; at this age, we are capable of all acts of civil life […]“
Therefore
We can deduce from this that to form a contract you must be of age, and not be declared incapable in the eyes of the law...
We reserve the right to refuse an order if it comes from a customer whom we consider to be litigious or not solvent.
3.3 ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
By confirming your order, you accept all of these general conditions of sale made available to you on the website www.rivatshop.com (general conditions of sale section) and acknowledge that you have perfect knowledge of them.
Validation of the order automatically entails express acceptance by the buyer of the general conditions of sale without restriction or reservation.
3.4 PRESENTATION AND DEFINITION OF PRODUCTS
This article refers to article L111.1 of the Consumer Code.
The site www.rivatshop, sells French boxing savate items, mainly footwear, it does everything possible to have a quality presentation and technical explanation of its products.
Each of its products has specific characteristics. The customer undertakes to consult these technical sheets before purchasing.
Photos do not enter into the contractual scope.
3.5 REFUSAL OF AN ORDER
For any item not available at the time of the order (out of stock, lack of supply, manufacturing, etc.), the store www.rivatshop.com will contact the buyer by email or telephone to inform them of the refusal of order and will communicate to him as far as possible the estimated delivery time
Any delays do not entitle the buyer to claim damages.
3.6 DATE AND VALIDATION OF THE ORDER
The formal date of the order will be the date of validation by clicking on the order.
3.7 PRICES
The sales prices displayed on the site are indicated in euros, all French taxes included (French VAT and other applicable taxes) excluding shipping costs.
They are guaranteed subject to modification of the French VAT rate.
The store www.rivatshop.com reserves the right to modify its prices at any time and without notice.
However, the products are invoiced on the basis of the prices in effect on the site at the time your order is registered.
For export:
Prices are also inclusive of tax (French VAT) depending on the country, import taxes may be claimed by the customs of the destination countries, they are of course the responsibility of the recipient and cannot be claimed from us. (ask your country's customs office).
Shipping costs and taxes:
Shipping costs will be added to the amount of the product.
You will find the shipping costs on our site, specifying
location and amount of delivery.
Any order delivered outside mainland France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and possible taxes linked to the delivery of an item are the responsibility of the buyer and are his responsibility.
4. PAYMENT OF THE ORDER
4.1.METHOD OF PAYMENT
Payment by credit card
This Site allows you to pay for your order directly online, by choosing your bank card.
The order thus validated by the customer on the Website will only be effective when the central bank card network has given its agreement. In the event of refusal, the www.rivatshop.com store reserves the right to cancel the order and stop sending the package. If necessary, the customer will be contacted by e-mail or telephone as quickly as possible.
Payment is made securely online by “e-transaction” from Crédit Agricole des deux Savoie.
In the event of possible payment delays, in particular refusal of credit card, the order will be considered canceled.
4.2. SECURITY AND PRIVACY
Payment security is based on several elements:
. Authentication of the merchant (Crédit Agricole e-transactions contract)
. Confidentiality and integrity of exchanges: bank card numbers never circulate unencrypted on the internet and are under no circumstances communicated to the online merchant.
. The fact that each transaction is associated with an authorization request made to the CB bank card network, which verifies that the card exists, that it is not in opposition and that the account is solvent.
. Control of the holder through the cryptogram appearing on the back of the bank card (the last three digits written on the back of the card must systematically be indicated by the holder on the payment form)
. The seller reserves the right to verify identity
4.3 RESERVATION OF OWNERSHIP CLAUSE
In accordance with Law No. 80335 of May 12, 1980, the seller retains ownership of the goods sold until effective payment of the entire price in principal and accessories.
If applicable, failure to pay any of the due dates may result in the goods being claimed. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as the damage they could cause.
As a result of this clause, the seller may demand immediate return of the goods at the expense and risk of the buyer, in the event of non-payment, even partial.
5. DELIVERY OF THE ORDER
Orders are delivered by post or carrier against signature.
Once registered, complaints for opened packages or missing contents cannot be taken into account.
You must therefore check the condition of the package before signing. and make reservations in case of doubt.
Our packages are sent against signature, if the contractor makes a modification request directly to the carrier (such as delivery to a letterbox, deposit with a neighbor, deposit on a landing, in a garden, etc.), we will not accept any complaint in the event of a problem.
We do not ensure the marketing and delivery of products outside the geographic areas available when ordering.
Orders are delivered to the delivery address indicated by the buyer on their order.
5.1. DELIVERY TIME
Items are delivered by post or by carrier within an average time of approximately 4 to 10 days (working days, excluding Saturdays, Sundays and public holidays) for France.
These deadlines are from the dispatch of the order for France.
Preparation time: 2 to 4 working days
+ Delivery time: 48 hours to 72 hours
= Total time: 4 to 12 working days.
Any delays do not entitle the buyer to claim damages.
We cannot be held responsible in the event of poor performance of the services of a third party, or of the delivery contract. (deadline, delay, etc.)
In the event that the delay is greater than this average, it does not engage our liability.
Deadlines for foreign countries and overseas territories vary depending on the country, please refer to the deadlines given by the postal services.
Delivery costs in Metropolitan France for bulky packages:
For bulky packages, delivery costs, excluding floor delivery, are generally included. Otherwise the cost of delivery costs will be indicated according to the delivery instructions.
Delivery costs in the French Overseas Territories and foreign countries:
Delivery costs are calculated based on the location of delivery and the weight of the package to be delivered.
Any delays do not entitle the buyer to claim damages.
We cannot be held responsible in the event of poor performance of the services of a third party, or of the delivery contract. (deadline, delay, etc.)
In the event that the delay is greater than this average, it does not engage our responsibility.
Ditto if this is due either to an error by the consumer, or to an unforeseeable or insurmountable fact of a third party to the contract, or to a case of force majeure (strikes, natural disasters, etc.)
These cases are in addition to those usually retained by French case law.
The shipping amount must be checked according to the country and our transport pricing scale.
5.2. ITEMS NECESSARY FOR DELIVERY
The customer undertakes to clearly specify the delivery address of the products to be shipped and a telephone number where he will be reachable at any time for the proper execution of the delivery.
5.3. TERMS OF DELIVERY
Bulky packages are not delivered upstairs but at least to the door of the house or building. We thank you for providing us with your order with all the necessary information for quick and easy delivery. Home delivery may generate an additional cost which is not included in the shipping costs.
In the event of absence during delivery, a calling card will be made available to you at your home.
We are not responsible for transport, you must check and control the package received in the presence of the delivery person before signing.
The package must not be damaged, opened, or in poor condition, loose sotch, torn packaging, etc.
In the event of a problem, you must write specific reservations with the anomalies, in front of the delivery person, on his receipt or his terminal.
The words “subject to unpacking and inspection have no legal value” in the event of receipt of a visibly damaged package, you must refuse delivery.
You can rely on photos.
NO CLAIM WILL BE ADMISSIBLE IF THESE INSTRUCTIONS ARE NOT FULLY COMPLIED.
6. COMPLAINTS
6.1. CLAIM ON DELIVERY
Please note, beyond 21 days from the date of confirmation of dispatch of your order, in the event of non-receipt of the goods. Without warning from you within the time limit of non-receipt of the order, the possibilities of searching for packages being no longer possible, we cannot be held responsible for the loss, we will not take charge of either reimbursement or new delivery.
When the package is delivered, the buyer is required to check the condition of the package carefully, before signing the carrier's delivery note. A compliant package must be in good condition (boxes, adhesive, labeling). Deliveries being made against signature, you must therefore IMPERATIVELY ensure its conformity, the signature being worth agreement to a compliant delivery.
If the buyer notices defective packaging, a package that is crushed, opened or appears contentious, he must express and note his very precise handwritten reservations on the delivery note, with name, reference and signature. (see opening the package in the presence from the delivery person for verification, and possibly refuse the package if the delivery seems non-compliant).
6.2. Complaint for non-compliance
Upon receipt of your order, we recommend that you carefully check whether the products delivered comply with it.
In the event that the product is not compliant or damaged, we recommend that you send us reservations as soon as possible, by email to contact@rivat.fr
Always indicating your full contact details, order number, email address and telephone number.
7. RIGHT OF WITHDRAWAL
Article L121-16 of the Consumer Code
Following the legal guarantee and right of withdrawal of 14 days from the day after he takes possession of the good or accepts it without payment of penalties on his part. He will be liable for the return costs.
You can find a form for your right of withdrawal at http://vosdroits.service-public.fr/professionnels-entreprises/R38397.xhtml.
From the date of delivery of your order, if you are an individual, you have a period of 14 days to exercise your right of withdrawal, and to be fully reimbursed, the outgoing and return costs of the goods being at your expense.
However, incomplete, worn, damaged or soiled products will not be taken back or refunded.
8. GUARANTEES
Legal guarantee: the customer benefits from the legal guarantee described in article L211-1 of the consumer code which includes articles 1641 to 1648 of the civil code.
As a reminder, this guarantee is due by the seller under 4 conditions:
- That the product defect is hidden
- Whether it is prior to the conclusion of the sales contract
- That it is so important that the customer would not have bought it or would have offered a lower price for it
- That the action be brought within a short period of time from the discovery of the defect
PRODUCT WARRANTY
The products benefit from a manufacturer's guarantee and a legal guarantee against hidden manufacturing defects. If necessary, contact the after-sales service of the site www.rivatshop.com at the address contact@rivat.fr specifying the problem encountered. Our team will assist you to resolve any issues as quickly as possible.
Special case of shoes:
– except in the case of hidden defects, the buyer undertakes for his part to return clean, unworn and unused shoes.
Any exchange can only be made once.
9. RETURNS CONDITIONS
(legal guarantee, products and right of withdrawal)
Any returned product must not have previously undergone any alteration, modification or attempted repair. The product must be sent in the original packaging accompanied by all its accessories and instructions, as well as a copy of the invoice.
As with any return of merchandise, the customer must first obtain a return authorization from the store www.rivatshop.com at the email address contact@rivat.fr, explaining in writing the reasons for the return request. (Number required for acceptance of the return).
You will return the item to us in a rigid cardboard box, in perfect condition in its original packaging, by Colissimo Suivi against signature, return costs at your expense.
Package with return number, and invoice corresponding to the purchase. To be returned to the address:
SALAC Rivat 227 route des grands bois 74370 Villaz.
In all cases please attach a short explanatory letter mentioning the order number and the reason for the return.
In the event of non-compliance with these instructions, the www.rivatshop.com store reserves the right to refuse any exchange or refund.
Exchanges and refunds are made after receipt of the package at our premises. Beyond this period of 7 days, delivery is deemed satisfactory and cannot validly give rise to the slightest complaint. (except in the case of a defective product).
1. For new products
As with any return of merchandise, the customer must first obtain a return authorization from the store www.rivatshop.com at the email address contact@rivat.fr, explaining in writing the reasons for the return request. (Number required for acceptance of the return).
Legal guarantee and right of withdrawal (7 days from receipt of the order)
Any returned product must not have previously undergone any alteration, modification or attempted repair. The product must not have been worn. (mandatory condition)
Products returned for exchange or credit must IMPERATIVELY be new and unworn, and must not have previously undergone any alteration or modification .
CAD: – NO TRYING ON IN TRAINING, or in training, the products must be clean, they must not have any marks on the soles or uppers.
(We remind you that rubbing for a few minutes on a parquet floor or a ring is enough to mark the soft rubber soles)
The return of the product must be made in the original packaging accompanied by all its accessories and instructions, as well as a copy of the invoice and in packaging. (do not stick anything directly on the box)
You will return the item to us in a rigid cardboard box, in perfect condition in its original packaging, by Colissimo Suivi against signature, return costs at your expense.
Package with return number, and invoice corresponding to the purchase inside the box or cardboard (do not stick on the box). To be returned to the address:
SALAC Rivat 227 route des grands bois 74370 Villaz.
In all cases please attach a short explanatory letter mentioning the order number and the reason for the return.
In the event of non-compliance with these instructions, the www.rivatshop.com store reserves the right to refuse any exchange or refund.
Beyond this period of 14 days, delivery is deemed satisfactory and cannot validly give rise to the slightest complaint. (except in the case of a defective product).
2. Defective product
As with any return of merchandise, the customer must first obtain a return authorization from the store www.rivatshop.com at the email address contact@rivat.fr, explaining in writing the reasons for their return request. (Number required for acceptance of the return).
Returns without authorization will be refused.
Requests for product returns older than one year will not be accepted.
Shoes used with orthotics, or which have not received minimum maintenance, will not be accepted for return (see instructions for use and instructions provided)
10. CONCLUSION OF THE CONTRACT – DATA PROTECTION
This contract is validly concluded when the customer, after having been able to verify the details of his order, its total price and corrected any errors, has confirmed it by a validation click, expressing his acceptance.
Article of article 34 of the law “information technology and freedoms..” of January 6, 1978
The information you provide to us is essential for the processing and delivery of orders, as well as the preparation of invoices, its absence will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information about yourself. They will be used only by the internal services of the Site www.rivatshop.com for the processing of your order. You thus authorize the rivatshop.com site to collect, process and use information concerning you. The rivatshop.com site is the sole holder of information concerning you.
You can at any time make a request to
contact@rivat.fr in order to find out what information concerning you is held by SALAC, to oppose its processing, to have it modified or deleted under the Data Protection Act of 06/01/1978.
11. ARCHIVING
Article L. 134-2 of the Consumer Code
It is our responsibility to keep, for 10 years from delivery of the goods, the writing establishing the contract, as long as it concerns a sum greater than 120 euros.
12. INTELLECTUAL PROPERTY
The intellectual property rights on the documents contained in the site and each of the elements created for this site are the exclusive property of Sarl creation sport shoe. This does not grant any license or any right other than that of consulting the site. The reproduction of any document published on the site is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Our photographs and texts are not royalty free.
13. DISPUTES
This contract is subject to French law and law.
In accordance with consumer law.
The language of this contract is French, in the event of a dispute, the French courts, more precisely the court of Annecy 74000 France, will have sole jurisdiction.
In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of: a professional association in the sector, a consumer association or any advice of his choice.
14. RESPONSIBILITY
The products offered comply with current French legislation. The liability of the company SALAC and the site www.rivatshop.fr cannot be incurred in the event of non-compliance with the legislation of another country where the products are used by the customer. It is your responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order.
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the liability of the company SALAC and the sales site www.rivatshop.com cannot be held liable in the event of an error in one of these photographs or one of these texts.
The company SAS SALAC and the sales site www.rivatshop.com cannot be held responsible for non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike in particular postal services and means of transport and/or communications, flood, fire.
The company SAS SALAC will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damages or costs. Hypertext links may refer to other sites and the company SALAC disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.