TERMS OF SALES
Version updated to 03/27/23
Preamble
Claudia CAURIAND, exercising her activity under the status of individual entrepreneur, registered with the RCS of Marseille under the number […], VAT intra-community number […], whose registered office is located at 24 traverse chante perdrix 13010 Marseille , specializes in the creation and sale of clothing through son the website, under the SUMMER RAMBO brand, as is or on pre-order, through the design of personalized clothing. It is specified that the Seller develops an eco-responsible approach by reusing and transforming unsold stocks of clothing and dormant stocks and by developing an "upcycling" approach which consists of reconditioning textiles and clothing that have already been worn to create new parts of better quality. To know more,Click here
2. Definitions
"Customer" means any natural person who acts for personal purposes, independently of any commercial, industrial, artisanal, liberal or agricultural activity, who browses, becomes aware of and orders a Product offered on the Site.
"Order" means any purchase of Product by the Customer on the Site.
“GTC” refers to these general terms and conditions of sale.
"Product" means any product offered by the Seller on the Site, namely personalized clothing made to order (the Customer may choose the size and color), or clothing in stock. Product offers and prices are valid as long as they are offered for sale on the Site and/or within the limits of available stocks.
“Site” means the retail website for Products – accessible via the addresswww.summer-rambo.com, through which the Customer places the Order.
"Seller" refers to Mrs. Claudia Cauriand.
3. General provisions – Scope
3.1. The Seller's sales are exclusively governed by the GCS, to the exclusion of all other documents such as prospectuses, catalogs, documentation from the Seller which are given for information only and have only an indicative value.
3.2. Any Order via the Site implies the immediate and unreserved acceptance of the CGV, as well as the pricing conditions in force on the day of acceptance of the Order which form an integral part thereof, despite any stipulation to the contrary from the Customer.
3.3. The T&Cs are applicable to Customers as defined in Article 2, excluding any natural or legal person acting for professional purposes. Any person ordering Products from the Seller therefore undertakes not to act in a professional capacity.
4. Order - Validation
4.1. Creation of a personal account. The creation of a personal account by the Customer is necessary to place an order on the Site. The Customer's personal account is made up of an identifier made up of the Customer's e-mail address and a password which is strictly personal to him, allowing him to access the order form. As part of the creation of the customer account, the following information is requested from the Customer: surname, first name, e-mail address, delivery postal address (and billing address if different from the delivery address), telephone number. Mandatory information is indicated by an asterisk in the registration form.
4.2. Order. The Customer goes to the Site via the addresswww.summer-rambo.Com. To place an order, the Customer follows the ordering steps scrolling on the Site: creation of a customer account, identification via the login page, selection of the Product, etc. The Product(s) appear in the basket which summarizes the Product chosen, the color , the quantity, the price, the processing costs and the total excluding/including tax of the Order. The Customer validates the choice of the selected Product(s), ticks the box "I acknowledge having read the general conditions of sale and I accept the terms", selects the payment method chosen, clicks on "Finalize the order" and finalizes the Order to be redirected to the e-transactions payment module. The Customer cannot technically finalize and legally place the Order if he has not ticked the box "I acknowledge having read the general conditions of sale and I accept the terms" whose link refers to the GCS. By placing an Order, the Customer confirms that he has read and agrees to comply with the terms and conditions of the GCS. The act of ticking the box is proof of the Customer's knowledge and unreserved acceptance of all the T&Cs which are binding on him. Any Order is personal to the Customer and cannot be transferred without the Seller's agreement. Each Order is the subject of an invoice drawn up in accordance with the provisions of the Contract after confirmation of the Order by the Seller.
4.3. Confirmation email. Once the Order has been placed and the payment collected, the Seller sends the Customer an Order confirmation email summarizing the contractual information relating to the said Order. It is recommended that the Customer print and/or archive on a reliable and durable medium the confirmation of the Order and the digital invoice which will be sent to the Customer by email.
4.4. The Seller reserves the right to cancel or refuse any Order from a Customer (i) with whom there is a dispute relating to payment for a previous Order; (ii) if the Customer's profile does not meet the conditions of consumer quality as defined in Article 3.3 and, in any case, (iii) if the Customer has not checked acceptance of the GCS (in this case, the Order cannot be finalized).
4.5. The Seller undertakes to honor the Orders received on the Site within the limits of available stocks. Consequently, the Seller does not in any way guarantee that the Products will remain on sale for a given period and declines all liability for a Product rendered unavailable. The available stock is updated automatically, in real time. In the absence of availability of a Product ordered, the Seller, who cannot be held liable for this fact, undertakes to inform the Customer by e-mail as well as of the partial or total cancellation of his Order resulting therefrom. . In the event of an Order cancellation after the Customer's payment has been received, the Seller will refund the price of the Product(s) not available as soon as possible and at the latest within 14 (fourteen) days from the 'cancellation of the order.
5. Rates
5.1. The Products are sold at the price in force on the day of acceptance of the Order. Prices are in Euros, all taxes included. Any change in the applicable VAT rate will be reflected in the prices of the Products. These prices do not include a flat-rate contribution to the processing costs (shipping, packaging and making the parcel according to the amounts in force, of which the Customer will be informed before placing an Order). The prices indicated on the Site are those in force on the day of the Order.
5.2. The Seller reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force (prices displayed) at the time of acceptance of the Orders, subject to availability.
5.3. The Products remain the property of the Seller until full payment of the price in accordance with article 9 below.
6. Terms of payment
6.1. The price invoiced to the Customer is the price indicated on the Order confirmation sent by the Seller.
6.2. Payment for the Products is made by bank card directly on the Site. The card is debited when the Order is placed.
6.3. The Seller acknowledges receipt of the Order and confirms the contractual information upon validation of the corresponding payment, by granting an order number sent by e-mail or by any other means at its convenience.
6.4. The Customer guarantees that he is fully authorized to use the means of payment he uses and that this means of payment gives access to sufficient funds to cover the costs of the Order.
6.5. The validation of the Order by means of the bank card number, the expiry date as well as the last three digits of the additional number on the back of the card constitutes a mandate to pay the price appearing on the order form (taxes and postage included) that the payment server sends to the Customer's credit institution, it being specified that the Seller does not have access to the Customer's payment data. Payment is made through Stripe.
7. Delivery
7.1. Terms. Delivery is made in mainland France and Europe, excluding any other territory, by means of Colissimo, or if the delivery is in Marseille, delivery by hand. The Product is delivered to the delivery address provided when placing the Order. Delivery cannot be made to a PO box or hotel. In accordance with article 12 hereof, the Seller cannot be held responsible in the event of an error in the wording of the contact details indicated by the Customer, who is solely responsible for the accuracy and completeness of the information that he transmits to the Seller. . The Product is delivered to the threshold of the dwelling, that is to say to the door of the Customer's building. The shipping costs are indicated as part of the Order process and are accessible via the Internet link and are calculated according to the weight of the package and the place of delivery for France, according to the price list of the Post Office and on a flat-rate basis for Europe. The Customer can track the status of his Order using a tracking number. To learn more, click here[E2]
7.2. Time limit. The preparation times (Monday to Friday, excluding public holidays) for the Order are a maximum of 48 hours for Products in stock and 30 days for Products on pre-order. These deadlines run from the first working day following the confirmation of the Order (formalized by the sending of an electronic message to the attention of the Customer informing him in particular of the status of his Order being prepared). The aforementioned preparation times correspond to average Order preparation times. To these deadlines are added the delivery times indicated during the finalization of the Order, between 2 to 5 days[E3] (excluding public holidays or Sundays), for France, deducted from the first working day following dispatch of the Order. And between 3 and 8 days for Europe (indicative time, excluding customs processing).
In the event of Products being delivered on different dates with regard to the availability of the products ordered, the delivery time announced will be calculated on the longest time. The Seller cannot be held responsible for the consequences of a delay in delivery by its carrier. However, in the event of a delay of more than 10 days following the time indicated and as long as the delivery is not effective, the Customer will have the possibility (independently of the provisions of article 13 “Force majeure”) to cancel the Order. In this case, the Seller shall reimburse the Customer for all sums paid, at the latest within 14 (fourteen days) following the date on which the Contract was terminated (Articles L.216-6 and L.216-7 of the Consumer Code).
7.3. Absence. In the event of the Customer's absence during the delivery of a package, a transit advice note is left for their attention and the Customer may pick up the package at a post office. If the Customer fails to receive the Product on the expiry of the time limit, the Seller reserves the right to recover the Product. In this case, the Order will be forwarded to the delivery address with the shipping costs borne by the Customer.
8. Reception - Reservations
The Customer must, upon delivery of the Products, check, in particular, the quality, the quantities, the losses or damage, the references of the Products and their conformity with the Order. The Products delivered in accordance with the Order are final and cannot be returned or exchanged. It is the Customer's responsibility to make all observations and reservations to the carrier on the delivery note by registered letter with acknowledgment of receipt within three (3) days from the delivery of the products (article L.133- 3 of the Commercial Code). Reservations that are incomplete, insignificant, or clear are not admissible. Thus, the mention "subject to unpacking" has no value. In the event of an anomaly being noted, the Customer will indicate his reservations directly on the delivery document, followed by his signature. In the event of finding a serious anomaly (torn, open packaging, missing or damaged products, etc.), the Customer will refuse the package and will specify the reasons for his refusal on the delivery document. This verification is considered to have been carried out once the Customer, or any person authorized to receive the package on his behalf, has signed the delivery document. Without prejudice to the preceding provisions that the Customer must take vis-à-vis the carrier, the Customer must inform the Seller immediately and at the latest within 24 hours of delivery in the event of loss or damage to the Product(s) delivered. . Any complaint made after the deadline will be refused. The Customer must allow the Seller or any third party of its choice every facility to proceed with the observation of loss or damage and will refrain from intervening itself or having a third party intervene for this purpose. Any return of Products must be subject to a formal and prior agreement from the Seller. Any return without this agreement will not result in the replacement or reimbursement of the Product(s).
9. Retention of title
THE SELLER IS THE OWNER OF THE PRODUCTS DELIVERED TO THE CUSTOMER UNTIL FULL PAYMENT OF THE RELATED PRICE. The transfer of ownership of the products delivered to the customer does not entail the transfer of the rights, in particular of intellectual or industrial property, of the Seller on the products for the benefit of the customer.
10. Right of withdrawal
10.1. Principle. In accordance with Articles L.221-18 and following of the Consumer Code, the Customer has, in the context of the purchase of a Product made remotely or off-site, a period of 14 (fourteen) calendar days from from the receipt of his Product to exercise his right of withdrawal without having to justify his decision or to bear other costs with the exception of the return costs which remain his responsibility. In the case of an Order involving several items delivered separately, the period runs from receipt of the last item. This period runs from the day of receipt of the Order.
10.2. Terms. To exercise his right of withdrawal, the Customer informs the Seller of his decision to withdraw either by sending the standard withdrawal form in Appendix 1 of the GCS, or by sending any unambiguous declaration expressing his desire to withdraw and this before the expiry of the aforementioned period of 14 (fourteen) days. Any request for withdrawal made by the Customer outside the aforementioned period of 14 (fourteen) days is considered firm and final.
To do so, the Customer may also contact the Seller by post at the following address: CLAUDIA CAURIAND chez Mme Bedrossian au 24 traverse Chante Perdrix 13010 Marseille - FRANCE or by email at the addresshello@summer-rambo.com. The Seller acknowledges receipt, without delay, of the Customer's withdrawal.
10.3. Exceptions. In accordance with the provisions of article L.221-28 of the Consumer Code, the right of withdrawal cannot, in particular, be exercised for contracts "3° For the supply of goods made to the consumer's specifications or clearly personalized". Consequently, all Products sold in pre-order (which are personalized creations) are excluded from the right of withdrawal. Indeed, the Products purchased in pre-order are designed specifically at the Customer's request according to the Customer's specifications. Similarly, the right of withdrawal will not apply to any Product that has been used, worn, washed, damaged or that has not been returned to its original condition.
10.4. Return of Products. For Products in stock only, the Customer has a period of 14 (fourteen) days from the communication of his decision to withdraw to return the Product to the Seller (excluding Products purchased in pre-order), the return costs are the responsibility of the Customer, who must return the Product to the Seller new, intact and complete, in its original packaging, unworn which will have been opened properly, accompanied by all possible accessories, to the following address: CLAUDIA CAURIAND at Mme Bedrossian at 24 traverse Chante Perdrix 13010 Marseille – France.
Products returned incomplete, damaged, worn, washed or damaged by the Customer or unsuitable for sale, are not taken back. The Customer accompanies this sending of the withdrawal form or a letter containing his Order number, his invoice number, his surnames and first names and the date of his purchase. The Customer's attention is drawn to the fact that any package not received by the Seller is his sole responsibility.
10.5. The Seller undertakes to reimburse the Customer as soon as possible and at the latest within 14 (fourteen) days following notification by the Customer of the withdrawal. This reimbursement is made via the same means of payment as that used by the Customer for the Order.
11. Warranties - Lack of conformity and hidden defects - Commercial warranty
11.1. The Seller undertakes to deliver a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery as well as for hidden defects. The Products are thus subject to the legal guarantees of conformity (L.217-4 and following of the Consumer Code) and of hidden defects (articles 1641 and following of the Civil Code) allowing the Customer to return the defective items delivered. The aforementioned warranties are inapplicable to apparent defects. The following articles will be applied to the Client:
LEGAL GUARANTEE OF CONFORMITY
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Article L217-3of the Consumer Code
“The seller delivers goods that comply with the contract as well as with the criteria set out in article L.217-5.
It responds to existing lack of conformityboth at the time of delivery of the goods within the meaning of article L.216-1, which appear within a period of two years from this (…)
This warranty period applies without prejudice to articles 2224 and following of the civil code. The starting point for the prescription of the consumer's action is the day of knowledge by the latter of the lack of conformity.
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Article L217-4of the Consumer Code
“The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;
3° It is delivered with all the accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract. »
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Article L217-5of the Consumer Code
"I.- In addition to the criteria of compliance with the contract, the good is compliant if it meets the following criteria:
1° It is specific to the use usually expected of a good of the same type, taking into account, if applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; (…)
4° Where applicable, it is delivered with all the accessories, including the packaging, and the installation instructions that the consumer can legitimately expect;(…)
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, which the consumer can legitimately expect for goods of the same type, having regard to the nature property as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; Or
3° That the public declarations could not have influenced the purchase decision.
III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented to at the conclusion of the contract”.
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Article L217-6of the Consumer Code
“When on the occasion of the contract, processing of personal data is carried out by the professional, a breach on his part of the obligations incumbent on him under Regulation (EU) 2016/679 of April 27, 2016 and _cc781905- 5cde-3194-bb3b-136bad5cf58d_law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, since this breach leads to non-compliance
of one or more conformity criteria set out in this section, is assimilated to a lack of conformity, without prejudice to the other remedies provided for by these texts. »
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Article L217-7of the Consumer Code
“The defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including the goods comprising digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or defect invoked.
For second-hand goods, this period is set at twelve months. »
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Article L217-13of the Consumer Code
“Any good repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.
As soon as the consumer chooses the repair but that it is not implemented by the seller, the bringing into conformity by the replacement of the good causes a new period of legal guarantee to run, for the benefit of the consumer. of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the consumer. »
WARRANTY AGAINST HIDDEN DEFECTS
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Article 1641 of the Civil Code:
"The seller is bound by the guarantee on account of the 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 have paid a lesser price for them, if he had known them”.
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Article 1648 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
The Customer is invited to come forward before the expiry of the corresponding period if he notices a hidden defect or a lack of conformity.
11.2. In the event of non-compliance of the Product within the meaning of the aforementioned articles of the Consumer Code, the Customer may act within two years from the delivery of the Product (any complaint made outside this period cannot be accepted) by sending his request to the address CLAUDIA CAURIAND at Mme Bedrossian at 24 traverse Chante Perdrix 13010 Marseille - FRANCE.
It is specified that a Product is considered to comply with the Order when it complies with the characteristics presented on the Site, that it is suitable for the purposes for which it was designed and that it meets the quality and commonly accepted resistance to textiles. In this case, the Seller undertakes, at the Customer's option, to repair or exchange (depending on available stocks) the Product. The return of the Product(s) can only be accepted for complete products, in their original condition (original packaging, accessories, etc.). The return will be the responsibility of the Seller. The Seller will reimburse the Product if the repair or replacement of the Product is impossible or if the Customer's choice should lead to a manifestly disproportionate cost taking into account the value of the Product, the importance of the defect or the conditions of restocking and choose the other guarantee method. Compliance will take place within 3 weeks of the Customer's request made by registered letter with acknowledgment of receipt.
In the event of a legal guarantee against hidden defects, the Customer may act within two years from the discovery of the defect. In this case, either the Seller reimburses the full price of the Product that the Customer returns to it, or reimburses part of the price of the Product if the Customer keeps the Product.
11.3. The Seller offers the Customer, upon receipt of the Product, only for pants and shorts purchased in pre-order or in stock, to shorten or lengthen the hem of the pants or shorts as proposed on the Product sheet concerned. The realization of the hem is provided free of charge by the Seller, however the costs of sending to the Seller and returning to the Customer are the responsibility of the Customer.
12. Limitation of warranty andresponsibility
12.1. SELLER'S LIABILITY IS LIMITED, EXCLUDING ANY OTHER DAMAGES, TO PROVEN DIRECT DAMAGES WHICH ARE DIRECTLY ATTRIBUTED TO THEM.
12.2. The Customer acknowledges that the Products are the result of an eco-responsible approach and that the fabrics used are fabrics from unsold stocks or clothing already worn. The fabrics used in the manufacture of the Products are therefore not new. Therefore, any traces of wear that may be present on the Products result from the very nature of upcycling. Consequently, the presence of traces of wear cannot justify the existence of a Product that does not comply with the Order, which the Customer expressly acknowledges. In any case, the Seller cannot be held responsible for defects in the Product resulting, in particular, from normal wear and tear, abnormal use of the Product, misuse, faulty storage, conservation , use or maintenance (non-compliance with washing instructions for example) or to causes external to the Product (water damage, etc.). The Customer undertakes to keep the purchase invoice for the Product and the delivery note. With regard to the composition of the fabrics used for the design of the Products, the textiles coming from multiple sources, the identification of the list of the components of the said textiles is not always possible. The Seller endeavors to communicate to the Customer as far as possible (according to the information that will have been brought to his attention), on the Site, the information related to the composition of the Products. In any case, the Customer is invited to systematically wash the garment before wearing it.
12.3. The photographs, diagrams or drawings illustrating the Products and their descriptive text published on the Site are provided for illustrative purposes and do not enter into the contractual field (in particular, due to the possible difference in colors depending on the lighting when taking photos or the evolution of certain finishing details.The Products offered for sale are described and presented with the greatest possible accuracy.However, if errors or omissions may have occurred in this presentation, the responsibility of the Seller could not be engaged.
12.4. The information transmitted by the Customer during the Order commits the latter. In the event of an error in the wording of the recipient's contact details (in particular surname, first name, number and street name, postal code, city name, telephone number or email address), the Seller cannot be held responsible for the non-delivery of the Products if the carrier is unable to deliver.
12.5. The Seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
As such, the Customer declares to accept the characteristics and limits of the Internet and in particular acknowledges:
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That the Seller cannot in any way be held responsible, in particular for difficulties or speeds and slowdowns in access to the Site, the non-delivery of information or the non-validation of an order for technical reasons;
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Be aware of the nature of the Internet network and in particular of its technical performance and response times for consulting, querying or transferring information or content;
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That it is up to him to take all appropriate measures to protect his own data and/or software and/or hardware from contamination by any computer viruses or intrusion attempts or any other software and program likely to harm the operation or damage computer equipment.
The Seller does not guarantee, moreover, that the Site functions in any operating environment and that it is usable at all times, without interruption or error, nor that all errors can be corrected. Similarly, the Seller cannot be held responsible for non-functioning, impossibility of access or poor conditions of use of the Site attributable to unsuitable equipment, internal malfunctions of the access provider Internet of the Customer, to the congestion of the Internet network and for all other reasons external to the Seller.
The Seller reserves the right to modify or interrupt, temporarily or permanently, accessibility to the Site and/or to all or part of its Products, in particular for reasons of maintenance, updating or improvement of the Site, or to change its content and/or presentation, without notice or compensation of any kind.
The Site may contain links to other partner sites. The Seller cannot carry out any control over these sites and declines all responsibility with regard to their content and services. However, the Seller undertakes to render these links ineffective if the content of the referenced sites infringes the rights of a third party.
12.6. The Customer releases the Seller from any third-party claims against it due to the Customer's violation of the rights of third parties or of applicable legislation.
13. Force majeure
The responsibility of one or the other party cannot be sought if the execution of the contract is delayed or prevented due to a case of force majeure or a fortuitous event as defined by the legal provisions and the jurisprudence (in particular, strikes, lockouts, destruction of stock or raw materials, epidemics, acts of terrorism, wars, blockages of means of transport or supply). A party will not be liable in the event of non-performance or poor performance of the contract attributable to the other or the unforeseeable and insurmountable fact of a third party to the contract. The more diligent party informs the other within 14 days of the occurrence of the event. If said event continues for more than 2 months, the contract to be terminatedied at the request of the most diligent party, without any of the Parties being able to claim damages.
14. Intellectual Property
14.1. The Seller is the exclusive owner of all rights or titles concerning the Products sold. The Customer acknowledges and accepts that the copyrights and other rights relating in particular to intellectual and industrial property, patents, trademarks (in particular the French trademark "SUMMER RAMBO" number 4914097, designs and models, trade secrets, know-how, ideas, concepts and inventions, any interest, covered or not by the applicable law, concerning the Products are and remain reserved, at all times, to the Seller.The Customer undertakes to keep the brands or any other distinctive sign of the Seller on the products and to refrain from any parasitic behavior with regard to the Seller.The purchase of a Product by the Customer does not entail any transfer of the industrial and intellectual property rights that the Seller has on the Products, nor authorization, for the benefit of the Customer, for industrial or commercial use.
14.2. The Site is the property of the Seller. It is protected by copyright laws and international treaties, as well as other intellectual property laws and international treaties. All rights relating to the Site, the concept, the Products, their original and innovative character, in particular the intellectual property rights to the texts, literary, graphic (including photographic) and audiovisual creations, computer developments, HTML developments or other works of the mind and generally all creations likely to be protected by intellectual property law such as images, logos, formatting, graphic charter, structure, ergonomics, color codes, typography, fonts, basic graphic elements, graphic organization of screens, layout, page backgrounds and more generally the visual identity of the Site, sound elements or brands belong to the Seller or are regularly exploited by him and this, without any limitation. Any infringement of the Seller's rights may give rise to legal proceedings.
14.3. The Customer who has a personal Internet site and who wishes to place, for personal use, on his site a hypertext link referring directly to the Site must request prior written authorization from the Seller, it being specified that the Seller does not cannot be held responsible for any referral or link to its Site appearing on other sites.
15. Personal data
The Seller processes the Customer's personal data only for the management of the Order and its consequences. The Site uses cookies. The Customer is informed of their presence as soon as he arrives on the Site. In accordance with the provisions of Article L.223-2 of the Consumer Code, the Customer is informed that he has the right to register on the list of opposition to cold calling. The Customer is invited to consult the Privacy Policy[Click here] to find out how personal data is processed.
16. Signature – Proof – Storage and Archiving of Transactions
16.1. In all cases, the online provision of the credit card number and the final validation of the Order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the seizure items listed on the purchase order.
16.2. This validation is worth signature and express acceptance of all the operations carried out on the Site. However, in the event of fraudulent use of his credit card, the Customer is invited, as soon as this use is observed, to contact the Seller by sending an email to the addresshello@summer-rambo.com.
16.3. The computerized registers, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. They also meet the requirements of article L.213-1 of the Consumer Code in terms of conservation.
16.4. The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with articles 1366 and following of the Civil Code.
17. Duration - Miscellaneous Provisions
17.1. The T&Cs apply for the entire duration of the Products offered by the Seller being put online, then for the duration of the guarantees provided for in article 11 above.
17.2. Failure to exercise, partial exercise or delay in exercising the rights provided for in the GCS does not in any way constitute a waiver of the exercise of these rights, nor a waiver of any other right. Any waiver or modification of the T&Cs will only be effective if provided for in a written document. If any of the provisions of these T&Cs is deemed void, it will be deemed unwritten but the other provisions will retain their force and scope, unless the Parties consider this provision to be essential in good faith.
18. Amicable resolution of the dispute
18.1. In the event of a dispute, the Customer must contact the Seller by post at the following address: CLAUDIA CAURIAND at Mme Bedrossian at 24 traverse Chante Perdrix 13010 Marseille - FRANCE The Seller acknowledges receipt, without delay, of the Customer's request for amicable resolution by email.
18.2. In the absence of resolution of the dispute, the Customer benefits for any complaint that has not resulted in an amicable agreement, the possibility of seizing within a maximum period of one (1) year from the date of his written complaint with the Seller, a mediator, the Consumer Mediator. To do so, the Customer can contact the mediator by writing to the postal address Société de la Médiation Professionnelle- Médiation de la consommation - 24, Rue Albert de Mun- 33 000 Bordeaux ou https://www.mediateur-consommation-smp.fr . The solution proposed by the Mediator is not binding on the Parties, who remain free at any time to end the mediation process.
19. Applicable law and disputes
19.1. The T&Cs are subject to French law.
19.2. Any dispute that may arise between the parties relating to the interpretation and/or execution and/or termination of the contract will be submitted to the competent court.
APPENDIX – WITHDRAWAL FORM
In the event that the Customer wishes to withdraw under the conditions referred to in Article 10 of the GCS, this form must be returned duly completed and signed. To be sent by post to the following address CLAUDIA CAURIAND chez Mme Bedrossian au 24 traverse Chante Perdrix 13010 Marseille - FRANCE or by e-mail to the addresshello@summer-rambo.com
To the attention of Mrs Cauriand Claudia
I/we (*) hereby notify you of my/our (*) withdrawal from the Contract relating to the sale of the Product(s) (*) below:
Identification of the Product(s):
Date of the order (*) :
Received on (*):
Client name :
Customer address:
Signature of the Customer (only in the event of notification of this form on paper):
Date :
(*) Strike out the useless mention