GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE CONSUMER PURCHASES
These General Terms and Conditions of Sale apply to all sales concluded on the ROMANDO website. The website www.romando.fr is a service provided by:
Owner status: SASU (Simplified Joint-Stock Company with a sole shareholder)
Company Name: ROMANDO
Address: 70 rue Jean Doucet – Technoparc Krysalide – 16470 SAINT-MICHEL, France
Share Capital: 3,000 EUROS
SIRET Number: 92161629800011 – R.C.S.: Angoulême
Intra-community VAT Number: FR94921616298
Email address: [email protected]
The ROMANDO website markets the following products: clothing and accessories.
The customer acknowledges having read and accepted these General Terms and Conditions of Sale prior to placing their order. Validating the order therefore constitutes acceptance of these General Terms and Conditions of Sale.
Article 1 – Principles
These general terms express the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions apply to the exclusion of all other conditions, particularly those applicable to sales in stores or via other distribution and marketing channels. They are accessible on the ROMANDO website and shall prevail, where applicable, over any other version or contradictory document. The seller and the buyer agree that these general terms govern their relationship exclusively. The seller reserves the right to modify its general terms occasionally. They will apply as soon as they are posted online. Should any condition of sale be missing, it shall be considered governed by the practices in force in the distance selling sector for companies headquartered in France.
Article 2 – Content
The purpose of these general terms is to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer via the ROMANDO website. These purchases concern the following products: clothing & accessories.
Article 3 – Pre-contractual Information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a legible and understandable manner, these general terms of sale and all the information listed in Article L. 221-5 of the French Consumer Code. The following information is provided to the buyer in a clear and understandable manner: – The essential characteristics of the good; – The price of the good; – Where applicable, all additional transport, delivery, or postage costs and all other possible fees payable; – In the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the good, regardless of its price; – Information regarding the seller’s identity, postal, telephone, and electronic contact details; – Information regarding the seller’s identity, contact details, activities, legal guarantees, functionalities of digital content, and interoperability, as well as the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 – The Order
The buyer may place their order online, from the online catalog and using the form provided, for any product, subject to available stock. The buyer will be informed of any unavailability of the product or good ordered. They must also choose the delivery address and method, and finally validate the payment method. The sale shall be considered final: – After the seller sends the buyer confirmation of the order acceptance by email; – And after the seller has received full payment of the price. Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point shall occur within the framework of a possible exchange and the guarantees mentioned below. In certain cases, such as non-payment, incorrect address, or other problems with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved. For any questions regarding order tracking, the buyer can email the seller at: [email protected], Monday to Friday, 9:00 AM to 5:00 PM (excluding public holidays).
Article 5 – Electronic Signature
The online provision of the buyer’s bank card number and the final validation of the order shall constitute proof of the buyer’s agreement: – Exigibility of sums due under the purchase order; – Signature and express acceptance of all operations performed. In case of fraudulent use of the bank card, the buyer is invited to contact the seller at the email address: [email protected] as soon as this use is noted.
Article 6 – Order Confirmation
The seller provides the buyer with an order confirmation via email.
Article 7 – Proof of Transaction
The computerized registers, kept in the seller’s computer systems under reasonable security conditions, shall be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 – Product Information
The products governed by these general terms are those appearing on the seller’s website and indicated as sold and shipped by the seller. They are offered within the limits of available stock. Products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the seller’s liability cannot be engaged. Photographs of products are not contractual.
Article 9 – Price
The seller reserves the right to modify prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not include delivery costs, which are billed in addition and indicated before the order is validated. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store. If one or more taxes or contributions, including environmental ones, were to be created or modified, whether upwards or downwards, this change could be reflected in the selling price of the products.
Article 10 – Payment Method
This is an order with payment obligation, meaning that placing the order involves payment by the buyer. To pay for the order, the buyer chooses from the payment methods made available by the seller and listed on the seller’s site. The buyer guarantees to the seller that they have any necessary authorizations to use the chosen payment method when validating the order form. The seller reserves the right to suspend any order processing or delivery in case of refusal of bank card payment authorization by officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being managed. Payment of the price is made in full on the day of the order, using the following methods: – Bank card – PayPal
Article 11 – Product Availability – Refund – Termination
Except in cases of force majeure or during periods when the online store is closed (which will be clearly announced on the homepage), shipping times will be those indicated below, subject to stock availability. Shipping times run from the order registration date indicated on the order confirmation email. ROMANDO does not keep inventory and each piece is made to order; therefore, for deliveries in Metropolitan France and Corsica, the time frame is 21 days from the day after the buyer places their order. At the latest, the time frame will be 30 working days after the conclusion of the contract. For deliveries to overseas territories (DOM-TOM) or other countries, delivery terms will be specified to the buyer on a case-by-case basis. In the event of failure to respect the agreed date or deadline, the buyer must, before terminating the contract, enjoin the seller to perform it within a reasonable additional period. Failing performance at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime. However, the buyer may terminate the contract immediately if the dates or deadlines mentioned above constitute an essential condition of the contract for them. In this case, when the contract is terminated, the seller is required to refund the buyer for all sums paid, no later than 14 days following the date on which the contract was terminated. In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting a refund of sums paid within 14 days at the latest or an exchange of the product.
Article 12 – Delivery Terms
Delivery means the transfer to the consumer of physical possession or control of the good. Ordered products are delivered according to the terms and time frame specified above. Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, upon request, obtain an invoice sent to the billing address rather than the delivery address by validating the relevant option on the order form. If the buyer is absent on the day of delivery, the carrier will leave a notice in the mailbox, allowing collection of the parcel at the specified location and time. If, at the time of delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged). The buyer must indicate any anomaly regarding the delivery (damage, missing product compared to the delivery slip, damaged parcel, broken products, etc.) on the delivery slip in the form of handwritten reservations accompanied by their signature. This verification is considered completed once the buyer, or a person authorized by them, has signed the delivery slip. The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and transmit a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site. If products need to be returned to the seller, they must be subject to a return request to the seller within 14 days following delivery. Any claim made outside this period cannot be accepted. Returns can only be accepted for products in their original state (packaging, accessories, instructions, etc.).
Article 13 – Delivery Errors
The buyer must formulate to the seller, on the day of delivery or at the latest the first working day following delivery, any claim regarding a delivery error and/or non-conformity of products in kind or quality compared to the indications on the order form. Any claim made after this period will be rejected. Claims may be made via email at: [email protected] Any claim not made within the rules defined above and within the allotted time limits cannot be taken into account and will release the seller from any responsibility towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the assignment of an exchange number. In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the following address: 70 rue Jean Doucet – Technoparc Krysalide, 16470 Saint-Michel. Return shipping costs are borne by the seller.
Article 14 – Product Warranty
14-1 Legal Conformity Warranty The seller warrants the conformity of the good sold with the contract, allowing the buyer to make a request under the legal conformity warranty provided for in articles L. 217-3 et seq. of the Consumer Code. When implementing the legal conformity warranty: – The buyer has a period of 2 years from the delivery of the good to act; – The buyer may choose between repair or replacement of the good, subject to cost conditions provided by Article L. 217-17 of the Consumer Code; – The buyer does not have to provide proof of the non-conformity of the good during the 24 months following delivery for new goods (12 months for used goods).
14-2 Legal Warranty against Hidden Defects In accordance with articles 1641 et seq. of the Civil Code, the seller warrants against hidden defects that may affect the good sold. It will be up to the buyer to prove that the defects existed at the time of sale and are of a nature to render the good unfit for the use for which it is intended. This warranty must be implemented within two years from the discovery of the defect. The buyer may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.
Commercial Warranty Products sold are also covered by a commercial warranty aiming to guarantee their conformity and ensuring the refund of the purchase price, replacement, or repair of goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the products.
Article 15 – Right of Withdrawal
Application of the Right of Withdrawal In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the responsibility of the buyer. Returns must be made in their original, complete state (packaging, accessories, instructions, etc.) allowing their re-commercialization as new, accompanied by the purchase invoice. Products that are damaged, soiled, or incomplete are not accepted. The right of withdrawal may be exercised via email at: [email protected] In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are refunded. Return costs are borne by the buyer. The exchange (subject to availability) or refund will be made within 21 days, and at the latest, within 30 days from the seller’s receipt of the products returned by the buyer under the conditions provided above.
Exceptions According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: – For the supply of goods whose price depends on fluctuations in the financial market beyond the professional’s control; – For the supply of goods made according to consumer specifications or clearly personalized; – For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.
Article 16 – Force Majeure
All circumstances independent of the parties’ will preventing the execution of their obligations under normal conditions are considered as grounds for exemption from the parties’ obligations and entail their suspension. The party invoking the aforementioned circumstances must notify the other party immediately of their occurrence, as well as their cessation. Irresistible, external, unpredictable, and inevitable events independent of the parties’ will and which cannot be prevented by them despite all reasonably possible efforts shall be considered cases of force majeure. Expressly, cases of force majeure or fortuitous events include, in addition to those usually retained by the jurisprudence of French courts: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, or difficulties specific to external telecommunication networks. The parties will meet to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure case lasts more than three months, these general terms may be terminated by the injured party.
Article 17 – Intellectual Property
The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content. Buyers undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offense.
Article 18 – Data Protection and Liberties
Personal data provided by the buyer is necessary for processing their order and establishing invoices. It may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders. The buyer has a permanent right of access, modification, rectification, and opposition regarding information concerning them. This right may be exercised under the conditions and according to the methods defined on the ROMANDO site.
Article 19 – Partial Non-validation
If one or more stipulations of these general terms are held to be invalid or declared as such in application of a law, regulation, or following a final decision by a competent court, the other stipulations will retain their full force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not avail themselves of a breach by the other party of any of the obligations referred to in these general terms shall not be interpreted in the future as a waiver of the obligation in question.
Article 21 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles shall be declared non-existent.
Article 22 – Language of the Contract
These general terms 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.
Article 23 – Mediation and Dispute Resolution
The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative method of dispute resolution (e.g., conciliation) in the event of a dispute.In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
Article 24 – Applicable Law
These general terms are subject to the application of French law. The competent court is the judicial court. This applies to both substantive and formal rules. In case of dispute or claim, the buyer will contact the seller in priority to obtain an amicable solution.
Article 25 – Personal Data Protection
Data Collected Personal data collected on this site is as follows: – Account opening: When creating the user’s account, their surname, first name, and email address; – Login: When the user logs on to the website, the site records, in particular, their surname, first name, connection, usage, location, and payment data; – Profile: Use of services provided on the website allows filling in a profile, which may include an address and phone number; – Payment: As part of payment for products and services offered on the website, the site records financial data related to the user’s bank account or credit card; – Communication: When the website is used to communicate with other members, data concerning the user’s communications are subject to temporary storage; – Cookies: Cookies are used in the context of using the site. The user has the option to disable cookies from their browser settings.
Use of Personal Data Personal data collected from users is intended to provide website services, improve them, and maintain a secure environment. Specifically, the uses are as follows: – Access and use of the website by the user; – Operation management and website optimization; – Organization of the terms of use of Payment Services; – Verification, identification, and authentication of data transmitted by the user; – Offering the user the possibility to communicate with other users of the website; – Implementation of user support; – Personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences; – Prevention and detection of fraud, malware (malicious software), and security incident management; – Management of possible disputes with users; – Sending commercial and advertising information, according to user preferences.
Sharing Personal Data with Third Parties Personal data may be shared with third-party companies in the following cases: – When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has signed contracts; – When the user publishes information accessible to the public in free comment areas of the website; – When the user authorizes a third-party website to access their data; – When the website uses the services of providers to provide user support, advertising, and payment services. These providers have limited access to the user’s data, in the context of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulation on personal data protection; – If required by law, the website may transmit data to follow up on complaints against the website and comply with administrative and judicial procedures; – If the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and Confidentiality The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of User Rights In application of the regulation applicable to personal data, users have the following rights:
Right of access: They may exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user’s identity to verify its accuracy.
Right of rectification: If the personal data held by the website is inaccurate, they may request the update of the information.
Right to delete data: Users may request the deletion of their personal data, in accordance with applicable data protection laws.
Right to limit processing: Users may request the website to limit the processing of personal data in accordance with the assumptions provided by the GDPR.
Right to object to data processing: Users may object to their data being processed in accordance with the assumptions provided by the GDPR.
Right to portability: They may request that the website provide them with the personal data provided to it in order to transmit it to a new website.
Evolution of this Clause The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the possibility to delete their account.
Appendix: Consumer Code
Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing upon delivery. They are also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation if the latter was charged to them by the contract or performed under their responsibility.”
Article L. 217-5: “The good is in conformity with the contract: 1° If it is fit for the purpose usually expected of a similar good and, where applicable: – if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; – if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is fit for any special use sought by the buyer, made known to the seller and which the latter has accepted.”
Article L. 217-6: “The seller is not bound by public statements of the producer or their representative if it is established that they did not know them and were legitimately not in a position to know them.”
Article L. 217-7: “Lack of conformity that appears within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.”
Article L. 217-8: “The buyer is entitled to demand the conformity of the good to the contract. They cannot, however, contest conformity by invoking a defect they knew or could not ignore when they contracted. The same applies when the defect has its origin in materials they provided themselves.”
Article L. 217-9: “In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. They are then required to proceed, unless impossible, according to the method not chosen by the buyer.”
Article L. 217-10: “If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price returned. The same option is open to them: 1° If the solution requested, proposed, or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer’s claim; 2° Or if this solution cannot be implemented without major inconvenience for them given the nature of the good and the use they seek. Termination of the sale, however, cannot be pronounced if the lack of conformity is minor.”
Article L. 217-11: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the allocation of damages.”
Article L. 217-12: “The action resulting from the lack of conformity is time-barred by two years from the delivery of the good.”
Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature that is recognized by law.”
Article L. 217-14: “The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable good, according to the principles of the Civil Code.”
Article L. 217-15: “The commercial warranty means any contractual commitment of a professional to the consumer for the refund of the purchase price, the replacement or repair of the good, or the provision of any other service in relation to the good, in addition to their legal obligations aiming to guarantee the conformity of the good. The commercial warranty is subject to a written contract, a copy of which is given to the buyer. The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor. Furthermore, it mentions clearly and precisely that, independently of the commercial warranty, the seller remains bound by the legal conformity warranty mentioned in articles L. 217-4 to L. 217-12 and that relating to defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code. The provisions of articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16, as well as article 1641 and the first paragraph of article 1648 of the Civil Code, are fully reproduced in the contract. In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to avail themselves of it.”
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable good, for a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer’s request for intervention or the making available of the good in question for repair, if this making available is subsequent to the request for intervention.”
Civil Code
- Article 1641: “The seller is bound by the warranty for reason of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them.”
- Article 1648: “The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be released from apparent defects or lack of conformity.”